Yakubu asks court to return his seized $9,772,000 loot

Ebun Francis

Mr. Andrew Yakubu, the former managing Director of NNPC, in whose house the EFCC recovered the sum of $9,772,000 which was has been temporarily forfeited to the federal government on the orders of a court has asked the Federal High Court in Kano to set aside the ex parte order of interim forfeiture on the  $9,772,000  and  £74,000 and return same to him.

In an application filed through his lawyer, Mr. Ahmed Raji (SAN), Yakubu  is seeking,  “An order setting aside, discharging or vacating the ex-parte Order made by this Honourable Court on the 13th of February, 2017, which ordered the interim forfeiture to the Federal Government of Nigeria of the respective sums of $9,772,800 and £74,000,000 belonging to the respondent/applicant, same having been made without jurisdiction.”

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The prayer by the applicant is anchored on the grounds that the Kano high court lacked jurisdiction to make the order of forfeiture and that the Federal Government lacked locus standi to apply for the interim forfeiture order.

According to Raji, By virtue of Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an order for the interim forfeiture of property under the Act.

The power of this honorable court to make interim forfeiture Order(s) pursuant to Sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (hereinafter “EFCC Act”) is applicable ONLY to alleged offenses charged under the EFCC Act and not to offenses cognizable under any other law.

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“The ex-parte Order of this Honourable Court dated 13th February 2017, was made in respect of alleged offenses under the Independent Corrupt Practices and other related offenses Commission Act (hereinafter “ICPC Act”) and not the EFCC Act as prescribed by Section 28 & 29 thereof.

“The conditions precedent to the grant of an interim forfeiture Order under Sections 28 & 29 of the EFCC Act were not complied with by the applicant before the Order was made.