Justice Ayokunle Faji of the Federal High Court,
Ikoyi, Lagos, on Thursday, March 6, 2025, ordered the final forfeiture of
$1,426,175.14 ( One Million, Four Hundred and Twenty Six Thousand, One Hundred
and Seventy Five United States Dollars, Fourteen cents) linked to a
former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele.
The order followed a motion filed by the respondent
seeking to set aside the court’s final forfeiture order of June 25, 2024.
The court had given the final forfeiture order after a
motion on notice filed and argued by Bilkisu Buhari, counsel for the EFCC,
which went uncontested by any interested parties.
The motion was supported by an affidavit deposed to by
David Jayeoba, an investigating officer with the EFCC who stated that
investigation carried out showed that the fund was reasonably suspected to be
proceed of unlawful activities "warehoused" in Donatone
Limited's (DL)’s Titan Trust Bank account.
He stated thus: "The investigation traced the
funds to having been fixed into interest-yielding accounts, dissipated and
laundered through a foreign account in Mauritius, and transported back to
Nigeria under disguise.
“Of the total sum of $26,552,000.00 USD received by
the firm, the balance standing in the said account as of today is the sum of
$1,426,175.14 million USD.
“It is the balance in the account that the applicant
seeks to forfeit to the Federal Government of Nigeria, which has been traced to
be the proceeds of unlawful activities of erstwhile Central Bank Governor of
Nigeria, Mr. Godwin Emefiele and his cronies.
“Investigation further revealed that the international
entities sourcing for forex were pressured into parting with huge funds to
access forex during the period.
“The signatories to the account warehousing the sum of
$1,426,175.14 USD sought to be forfeited are at large and are making frantic
efforts to dissipate the funds electronically."
Subsequently, the court granted the order.
However, in a counter-affidavit by solicitors for
Donatone Limited dated November 25, 2024, they argued that the depositions
contained in paragraphs four to 18 of the affidavit deposed to by Jayeoba were
not correct.
Responding to the counter-affidavit, the EFCC in an
affidavit dated November 29, 2024 countered their claim with more
evidence.
Subsequently, Justice Faji held that: “Anyone laying
claims to the fund, must show the lawfulness of the acquisition and not that
the said fund is not proceeds of crime.
“Having listened to the submission of the applicant’s
counsel and also perused the motion just moved, together with the affidavit in
support, the motion is hereby granted.”
Consequently, Justice Faji granted the application for
final forfeiture of the fund.
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