Justice Mojisola Olatoregun of the Federal High Court sitting in
Ikoyi, Lagos, today Wednesday January 16th, ordered the permanent
forfeiture of N2, 244,500,000 (Two Billion, Two Hundred and Forty Four
Million, Five Hundred Thousand Naira) only found and recovered from a
former Chief of Air Staff, Air Marshal Adesola Amosu (retd.) by the
Economic and Financial Crimes Commission, EFCC, to the Federal
Government.
The sum of N190, 828, 978.15 (One Hundred and Ninety Million, Eight
Hundred and Twenty Eight Thousand Nine Hundred and Seventy Eight Naira
Fifteen Kobo) only recovered from Air Commodore Olugbenga Gbadebo, a
former Director of Finance and Budget, Nigerian Air Force, NAF, who is
standing trial along with Amosu for a N21 billion arms deal fraud, was
also ordered forfeited to the Federal Government.
Also forfeited was the sum of N101, 000, 000 (One Hundred and One
Million Naira) only million recovered from Solomon Enterprises, a
company linked to Amosu.
The court had, in 2018, ordered a temporary forfeiture of the monies to
the Federal Government, following an ex parte application filed by the
Commission.
Justice Olatoregun had also directed the EFCC to publish the interim
forfeiture order in The Punch and The Nation newspapers for the
respondents or anyone interested in the funds to show cause why they
should not be permanently forfeited to the Federal Government.
Following the publication of the interim forfeiture order in the
newspapers, the EFCC had applied to the court seeking the final
forfeiture of the various sums of money.
Ruling on the application today, Justice Olatoregun held that:
“Upon examination of the two applications asking that the interim orders
be set aside, dated July 28, 2018, from the first respondent and the
interested party, I found no reason to set aside the orders.
“The applications are hereby dismissed. The only conclusion I can
reach is that the funds are proceeds of unlawful activity. The
affidavits disclose no reason why the order of final forfeiture should
not be made.”
Justice Olatoregun ordered that the forfeited funds should be paid
into the Federal Government’s Treasury Single Account, TSA, within 14
days, and that the EFCC must file an affidavit to show compliance.
Justice Olatoregun also rejected the argument of the defence counsel
that the N22.8 billion fraud charges against Amosu and others were still
pending before the court and that the forfeiture order would foist a
fait accompli on their clients should they not be found guilty.
Justice Olatoregun, however, said the forfeiture proceedings were an “action in rem” and a non-conviction based forfeiture.
The Judge further held that: “The requirements for the two
proceedings are different and distinct. The case (forfeiture) can go in
the face of the criminal proceedings.”
“In a forfeiture proceeding, evidential burden shifts to the respondents
to prove that they obtained the money lawfully, which they failed to
do,” the trial judge added.