Justice Kehinde Ogundare of the Federal High Court sitting in Ikoyi, Lagos, on Tuesday, July 9, 2024, ordered the final forfeiture of the sums of $16,500 and N127m, which were fraudulently diverted from the Nigerian Maritime Administration and Safety Agency, NIMASA.
The funds are forfeited to the Federal Government of Nigeria.
On May 23, 2024, the judge ordered the interim forfeiture of the funds, following a motion ex parte filed by the Economic and Financial Crimes Commission, EFCC.
The EFCC, through its counsel, Suleiman I. Suleiman, had sought the interim forfeiture of the funds under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14. 2006; and Section 44 (2)(B) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
In granting the interim forfeiture order, the judge had also directed the EFCC to publish the order in a national newspaper for interested parties to show cause why the money should not be finally forfeited to the Federal Government.
At the resumed sitting on Monday, Suleiman told the court that the funds were reasonably suspected to be proceeds of unlawful acts and that the Commission had recovered $16,500 in cash and N118 million from one Uche Obilor and his companies.
While moving the motion for the final forfeiture, Suleiman said: “Under your lordship’s order made on May 23, 2024, the publication of the order was made on June 6, 2024, of Punch newspaper.
“The said application is supported by a 22-paragraph affidavit deposed to by Oghare Ogbole, an investigator with the EFCC.
“Two exhibits accompany the application, the interim order of the court and the Punch publication of June 26, 2024; and it is supported with a written address.
“We respectfully adopt same and pray the court to grant all the reliefs sought,” he said.
In the affidavit, the EFCC submitted that: “The funds sought to be forfeited are reasonably suspected to be proceeds of unlawful acts of diversion of funds from the treasury of NIMASA, through Mr. Uche Obilor, his companies and other cronies.
“That during investigation, the total sum of $16,500 cash, was recovered by the Commission, part of the funds diverted from the treasury of NIMASA. And that for using his companies as mentioned above, Mr. Uche Obilor, upon invitation to the Commission during investigation agreed to return the sum of N118 million, admittedly received and retained by his companies from the funds fraudulently converted from the treasury of NIMASA.
At the sitting today, no interested party appeared in court to contest the interim order.
Consequently, Justice Ogundare, after listening to the counsel to the EFCC, held that “order granted as prayed.”
