A Federal High Court sitting in Ikoyi, Lagos State has ordered the
final forfeiture of assets worth about N3.4 billion linked to a former
Minister of Petroleum Resources, Diezani Alison-Madueke.
The judgement delivered by Justice Abdulaziz Anka on Wednesday in a
suit filed by the Economic and Financial Crimes Commission affects
assets located in Lagos and Rivers states and Abuja.
It followed the failure of the respondents in the case to submit any
counter affidavit to the motion seeking permanent forfeiture of the
properties. The respondents were also not in court when the judgement
was delivered.
The respondents include Mrs. Alison-Maduekwe (first respondent),
Donald Chidi (second respondent), Chapel Properties Limited (third
respondent), Blue Nile Estate Limited (fourth respondent), Azinga
Meadows Limited (fifth respondent), and Vistapoint Company Limited
(sixth respondent). The lead counsel to EFCC, Anselum Ozioko, had earlier informed the
court that the anti-graft agency had already advertised in national
newspapers in Nigeria for bids by organisations interested in managing
the properties.
\Mr. Ozioko had moved a motion on notice dated September 14 and filed
on same day for the final forfeiture of the asset and properties
attached to the motion and such order as the court may wish to make. He said the motion was in accordance with section 17 of the Advanced
Fee Fraud Act 2006 and 44(2B) of the Nigerian Constitution 1999 (as
amended). The EFCC counsel said the grounds for his request included:
“Statutory power of the court to grant the final forfeiture of the said
properties, the properties are suspected to be proceeds of unlawful
activity and the court earlier granted a temporary forfeiture of the
properties”.
The properties include:
1. 21 mixed housing units of eight four-bedroom (en-suite) terrace units,
2. Two three-bedroom (en-suite) penthouse apartments,
3. Six three-bedroom (en-suite) apartments,
4. Two three-bedroom (en-suite) maisonette,
5. Two two-bedroom (en-suite) apartments, and
6. One four-bedroom (en-suite) apartment, all located at 7 Thurnburn
Street and 5 Raymond Street Yaba, Lagos and registered in the name of
Chapel Properties Limited and were valued at N937 million; and in
Heritage Court Estate in Overall Street, Diobu Government Residential
Area Phase 1 Extension, Port Harcourt in Rivers State, valued at N928
million.
7. 16 four-bedroom terrace house, and
8. 13 three-bedroom terrace house with a one-room maid’s quarters
en-suite per unit; located in Mabushi Gardens Estate Plot 1205 Canasta
Zone B06, Abuja and valued at N650 million; and
9. Six flats of 3-bedroom and one boys quarters each, lawn tennis
court, gym, matured garden and its appurtenances, located in Plot 808
(135) AWOLOWO Road, Ikoyi Lagos and valued at N805 million.
According to the court documents, all the properties are estimated to be worth N3.4 billion (N3,451,592,199).
The EFCC had presented 13 exhibits, one of which claimed that the
First Bank of Nigeria confirmed that it rendered home service to Mrs.
Alison-Maduekwe to convert N3,342,307 million to dollars and credit it
into First Bank Mortgages Limited Account No 2008133531. There were also exhibits showing that U.S. dollars were picked up
from Mrs. Alison-Maduekwe and converted to Naira after which the fund
was transferred to First Bank of Nigeria Mortgages Limited.
The money was said to have been transferred in tranches of $3,342,307
million at the exchange rate of N157 to the dollat on September 29,
2011; $3,321,020 at exchange rate of 157 to the naira March 20, 2012;
$1,000,000 at exchange rate of 186.5 to the naira on June 6, 2015; and
$2,071,428 at the exchange rate of 156.8 to the naira. According to the EFCC, the money was used to purchase properties in Lagos, Rivers and Abuja from First bank Mortgage Limited. It said other tranches of $4,140,127 exchanged at the rate of N157 to
the dollat on June 4, 2012 and $2,167,024 at exchange rate of 186.5 to
the naira on April 4, 2013 were transferred to First Bank Mortgage
Limited for the same purpose.
While delivering Judgement, Justice Anka noted that the respondents
were not present in court despite their lawyers being aware of the
continuation of hearing in the case on Wednesday.
He said events showed that the respondents seem to have abandoned the
case and therefore granted the applicant’s prayers for permanent
forfeiture of the asset. Justice Anka also struck out an application by the defence that the
EFCC should be compelled to serve the initial order for temporary
forfeiture on the respondents and that the court should withhold any
order for permanent forfeiture
Mr. Anka said: “A motion exparte is not binding to be served by the
Prosecuting Counsel except otherwise stated by the court’ so the
Application is struck out.
“I have also read the prayers of the prosecuting counsel and having
gone through all the exhibits presented with the failure of the defense
counsels to appear, it shows they have abandoned the case despite being
aware of the case for today. The prayers of the Applicants (EFCC) on
final forfeiture is hereby granted. The first to sixth respondents’ lawyers were not in court when the judgement was delivered. Mr. Anka had at the last sitting ordered temporary forfeiture of the
assets while ordering the EFCC to place adverts for interested firms who
would love to manage the properties to signify interest.
He had also directed the EFCC to invite anyone through advertisement
to tell the court why the assets should not be forfeited to the federal
government. The court had given the commission 14 days from the date of the last hearing to place the advert. Mrs. Alison-Maduekwe is said to be receiving treatment for cancer in
the United Kingdom where she is also being investigated for money
laundering. The EFCC had earlier told newsmen that occupants of the
forfeited buildings who have legal tenancy agreements would be allowed
to live there pending the expiration of their tenancy agreements.
Source: Premium Times
