A Federal High Court in Abuja has ordered the permanent forfeiture of a luxury apartment linked to a former Minister of Power to the Federal Government, after holding that the property was acquired with proceeds of unlawful activities.
Justice James Omotosho made the order in favour of the Economic and Financial Crimes Commission (EFCC) while also granting interim forfeiture of four other properties allegedly linked to the former minister.
The judge held that the property, identified as Walijam Apartments on Lobito Crescent, Wuse 2, Abuja, was acquired with proceeds of crime established during the former minister’s criminal trial.
Justice Omotosho also granted interim forfeiture orders over Bloom Luxury Suites Nigeria Limited in Kaduna State, two mansions on Misratah Street, Wuse 2, Abuja, and A.U.A Plaza on Kade Street, Wuse 2, Abuja.
The court ruled that although the EFCC had yet to conclusively establish ownership or beneficial interest in the four additional properties, the commission had presented sufficient evidence to warrant their interim forfeiture pending the determination of any claims.
The judge directed the anti-graft agency to publish the interim forfeiture order in a national newspaper within seven days to enable any interested party to appear before the court and show cause why the properties should not be permanently forfeited to the Federal Government.
Justice Omotosho dismissed the argument by counsel to the former minister that the court lacked jurisdiction to entertain the application after delivering judgment in the substantive criminal case.
He held that Section 321 of the Administration of Criminal Justice Act (ACJA) empowers the court to make restitution and forfeiture orders even after a conviction has been secured.
The EFCC told the court that the former minister was found to have diverted N22 billion out of the N33.8 billion involved in the case and that less than N2 billion had so far been recovered through previous forfeiture orders.
According to the commission, the additional forfeiture proceedings are intended to recover part of the outstanding proceeds of the alleged crime.
The latest ruling followed the court’s judgment of May 7, in which the former minister was convicted on 12 counts of money laundering involving funds earmarked for the Zungeru and Mambilla Hydroelectric Power Projects.
Justice Omotosho sentenced him to a cumulative 75-year prison term after finding that he diverted at least N22 billion through proxy companies and associates.
The court also ordered him to refund the outstanding balance of the diverted funds after deducting recovered assets and directed security agencies, including INTERPOL, to arrest him wherever found.
The judge described the diversion of funds meant for critical electricity projects as a grave abuse of public trust, saying the convict enriched himself while millions of Nigerians continued to face inadequate electricity supply.
The EFCC subsequently arrested the former minister after weeks of surveillance and transferred him to a correctional facility to begin serving his sentence.
The commission has also disclosed that the former minister is facing another criminal trial over an alleged N31 billion fraud.
