The Former NNPC boss, Andrew Yakubu, has asked the Federal High Court in
Kano to issue an order compelling the Economic and Financial Crimes
Commission EFCC to return the $9.8 million and £74,000 recently seized
from one of his homes in Kaduna state.
A suit filed by his counsel, Ahmed Raji, SAN, Yakubu asked the court
to set aside the ordered granting FG ownership of the money discovered
at his home on February 3rd.
According to Vanguard, Yakubu argued that the court lacked the jurisdiction to grant FG ownership of his money.
The court paper in part reads “No aspect of the perceived offence in
respect of which the Order of February 13, 2017 was made, was committed
within the Kano judicial division of this Honourable Court”.
“By 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 Honourable Court to make interim forfeiture
order(s) pursuant to sections 28 & 29 of the Economic and Financial
Crimes Commission Act, 2004 (herein after referred to a “EFCC Act”) is
applicable ONLY to alleged offences charged under the EFCC Act and not
to offences cognizable under any other law.
The ex-parte order of this honourable court dated February 13, 2017, was
made in respect of alleged offences under the Independent Corrupt
Practices and other Related Offences Commission Act (herein after “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 (FG) before the Order was made”.
He went further to argue that the combined effect of sections 28 and 29
of the EFCC Act was that a charge alleging infractions against the
provisions of the EFCC Act ought to be brought against a suspect before
the powers of the court under cections 28 & 29 of the EFCC Act, to
order interim forfeiture of property, could be activated.
He insisted that without a formal charge, no prima-facie evidence could
be established in order for the provisions of section 28 and 29 of the
EFCC Act to be activated.
“In the instant case, no charge was brought against the
Respondent/Applicant before the provisions of section 28 and 29 of the
EFCC Act were activated to grant the ex-parte Order of February 13,
2017” he stated.