The Economic and Financial Crimes Commission, EFCC on
Thursday, April 3, 2025 secured a final forfeiture of two
properties to the federal government before Justice Obiora
Egwuatu of the Federal High Court, Abuja. The boys properties are
located in FCT, Abuja and Kano state.
Both properties which are linked to Aminu Sidi
Garunbabba, a senior staff of the Federal Inland Revenue Services,
FIRS are a four bedroom terrace masonite with quarter,
situated in Barumark Groove Estate, Plot 667 Cadastral Zone BO3, Wuye
District, Abuja and the other at N0 5 Lodge Road, Kano State.
The order was given following a motion ex-parte for their final
forfeiture, dated March 16, 2022 and filed by the Commission, through its
counsel, Ekele Iheanacho, SAN, pursuant to Section 44(2) of the
Constitution of the Federal Republic of Nigeria and Section 17 of Advance Fee
Fraud and other Related Offences Act, No 14, 2006.
The court had on February 16, 2022, granted an interim
forfeiture order of the properties and directed the publication of
the order in a national newspaper to make for any
interested party to show cause as to why the properties should not be
finally forfeited to the federal government.
Moving the motion for the final forfeiture order at
Thursday’s sitting, the prosecution counsel informed the court
that the property was reasonably suspected to have been acquired with proceeds
of unlawful activities.
However, the defence counsel in a
preliminary objection, raised concerns that a public officer cannot be
investigated and prosecuted when an ongoing administrative disciplinary action
is yet to be concluded.
Justice Egwatu after listening to the
submissions of the counsel dismissed the objection and granted the
request of the prosecution for a final forfeiture.
The judge held that the matter was a
non-conviction based forfeiture which is different from a criminal
charge that targets an individual and the simultaneous actions
do not amount to abuse of court process.
“This case targets properties suspected to be proceeds
of crime, the two cases are different. A criminal case requires proving beyond
reasonable doubt while in this case, only a suspicion suffices. Both
actions can go on simultaneously and one cannot abate the
other. The parties are different, the target in both cases are
different, one is proved beyond reasonable doubt and the other is reasonable
suspicion. The issues are also different, a person cannot be allowed to
benefit from illegitimate acts. The respondent failed to show any reasonable
cause that the funds used in purchasing the property is from his legitimate
earnings, so the request for final forfeiture is granted”
The journey to the final forfeiture started with
EFCC’s intelligence that unraveled the corrupt
activities of staffers of FIRS who conspired
among themselves and defrauded the Service of millions of
naira under the guise of Duty Tour Allowances for non-existence trips.
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