Retired Army General Loses N426.7m To FG
Justice Muslim Hassan of the Federal High Court in Lagos on Friday ordered the permanent forfeiture of the sum of N426.7 million recovered from a retired Brigadier-General of the Nigerian Army, John Onimisi Ozigi to the federal government.
Justice Hassan gave the order while ruling on an application to that effect brought before him by the Economic and Financial Crimes Commission (EFCC) seeking final forfeiture of the sum.
The judge held in the ruling that the respondent failed to convince the court with concrete evidence why monies suspected to be proceed of unlawful activities should not be forfeited to the federal government.
He insisted that the EFCC’s application met the conditions stipulated in section 17 of the Advance fee fraud and related offences Act”
The anti-graft agency had joined as respondents in the suit: John Onimisi Ozigi, and a company Diamond Head Ventures and Dev. Company Ltd.
The Commission had earlier gotten Justice Hassan to issue an interim order for forfeiture of the sum, through an ex-parte application.
Apart from granting the interim order for forfeiture, the court had also ordered interested parties to appear and show cause why the interim orders should not be made permanent.
In March, the EFCC argued its application for final forfeiture of the sum on the grounds that they were reasonably suspected to be proceeds of unlawful activities.
The judge had then adjourned the case until April 6, for judgement, however, the COVID-19 pandemic stalled the proceedings.
In his judgment on Friday, Justice Hassan granted the motion for final forfeiture as prayed by the EFCC.
In the suit numbered FHC/L/CS/1094/18 the Anti-graft Agency had prayed for an order, finally forfeiting to the Federal Government, the total sum of N426.7 million found in the account of the respondent.
The EFCC in an affidavit deposed to by one of its operatives, Clever Ibrahim, stated that the first Respondent is an officer of the Nigerian Army, while the second respondent is a business name owned and incorporated by the first Respondent under the law of the Federal Republic of Nigeria.
The deponent also stated that the first Respondent is a salary earner and a public officer under the rank at a brigadier general with an estimated salary of about N750. 000.00 (seven hunched and fifty thousand none) per month.
He also stated that intelligence information revealed that monies have been found in account opened In the name of the first and second Respondents that is not reasonably justifiable and commensurate with the first Respondent legitimate income
According to the Commission, the sum is reasonably suspected to be crime proceeds.
He averred that when the first respondent was confronted with respect to the sums in the account and he made a statement to the commission.
He said that in the said statement, the respondent had indicated willingness to refund the money to the Federal Government, adding that the said statement was attached as EXHIBH EFCC 3.
He had argued that the order if made, will serve the course of Justice, as same is sought in good faith and in accordance with the Oaths Act.
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