A federal high court sitting in Lagos, presided over by Justice Muslim Hassan, has ordered the final forfeiture of $153 million allegedly linked to Diezani Alison-Madueke, former minister of petroleum.
In a ruling on Thursday, the court agreed with the submission of the Economic and Financial Crimes Commission (EFCC) that the monies were proceeds of crime.
Justice Muslim Hassan ordered that the money should be permanently forfeited to the Federal Government.
The Economic and Financial Crimes Commission had traced the money to three commercial banks in the country where it was kept in the sums of N23,446, 300,000, N9,080,000,000 and $5m.
The judge had granted the interim forfeiture order and gave 14 days for anyone interested in the money to appear before him to show cause why the money should not be permanently forfeited to the Federal Government.
When the case was heard on January 24, 2017, no one came to court to claim ownership of the N23,446, 300,000 and the $5m but the Executive Director, Public Sector Accountant, First Bank Plc, Mr. Dauda Lawal, who was joined as the second respondent in the suit, told the court through his lawyer, Mr. Charles Adeogun-Phillips, that the N9,080,000,000 belongs to him.
Adeogun Philips told the court that his client was coerced by operatives of EFCC to sign an undertaking to make a refund N9.08bn to the Federal Government as a condition for his release.
He urged the judge to order the release of the money to his client.
In his judgment on Thursday, Justice Hassan dismissed the claims of Dauda Lawal as presented by his lawyer, insisting tat the undertaking made by Lawal was voluntarily made.
He, therefore, ordered the permanent forfeiture of the sums involved to the Federal Government.
According to the judge, “I hereby make an order pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2016, for final forfeiture of the unclaimed sum of N23, 426, 300.000 and five million United States dollars to the Federal government finally.
“In respect of the second respondent, learned counsel, Mr. Charles Adeogun-Phillips, informed the court that the second respondent filed a counter affidavit on why the sum of N9.08bn should not be forfeited.
“I have carefully examined the affidavit evidence before the court and I find that the second respondent was duly cautioned in English language before his statement was taken and so, I hold that same was taken without any evidence of inducement.
“On the whole, I am satisfied that all the conditions stated in Section 17 of the Advanced Fee Fraud and other Related offense Act was duly fulfilled by the applicant.
“I accordingly make the following orders:
“An order for the final forfeiture of the sum of N23, 426, 300.000.00, being unclaimed property, to the Federal Government of Nigeria.
“An order of final forfeiture is also made for the sum of N9.08bn recovered from the second respondent, to the Federal Government of Nigeria, this is my judgment,” he ruled.