By Onyewuchi Ojinnaka
Justice (Prof) Chuka Obiozor of a Federal High Court sitting in Lagos Nigeria on Monday ordered the final forfeiture to the Federal Government, of properties worth N1.8 billion belonging to a former Executive Director of the Niger Delta Development Commission (NDDC). Engr. Tuoyo Omatsuli.
Justice Chuka Obiozor had on May 17, issued an interim order for temporary forfeiture of the properties, following an ex-parte application filed by counsel to the Economic and Financial Crimes Commission (EFCC), Mr Ekele Iheanacho, a Deputy Chief Superintendent.
Properties listed by EFCC as defendants in the suit are: Block 117 Plot 4, Lekki Peninsula Scheme; Plots 1-18 Block 43 TPAO 992, Ikate Ancient City, Lekki; Plot 1B Northern Business District Lekki Peninsula , and Plot 1 Block 25 Lekki Peninsula Scheme Eti-Osa Local Government Area.
Interested parties listed by the Commission in the suit also are:West Field Energy Resources Ltd, Francis Momoh. Don Parker Properties Ltd, and Omatsuli
The court had issued the interim orders, and ordered same to be published in the national dailies for any interested parties to appear and show cause.
After the interim orders, the court had then adjourned for hearing of the motion on notice.
On October 10, counsel representing parties in the suit adopted their various arguments before the court, and thereafter, the court adjourned for judgment.
In his judgment on Monday, Obiozor held that from the facts adduced before him, he was satisfied that the properties listed formed part of proceeds of unlawful activities.
“In the final analysis, the court is satisfied that the first to fourth defendants form part of proceeds of unlawful activities, and are liable to be forfeited to the Federal Government of Nigeria,” the judge held.
Consequently, the court ordered that the properties be permanently forfeited to the Federal Government of Nigeria.
EFCC had prayed the court for a final forfeiture of the following properties: Block 117, Plot 4, Lekki Peninsula Scheme, TPAO 992, Ikate Ancient City, Eti-Osa L.G.A, Lagos, measuring 1804.089Sqm and Plots 1-18, Block 43, TPAO 992, Ikate Ancient City, Lekki Peninsula, Eti-Osa, Lagos, measuring 10,000Sqm.
Others are: Plot 1b, Northern Business District, Lekki Peninsula Scheme 1, measuring 1000Sqm and Plot 1, Block 25, Lekki Peninsula Residential Scheme 1, Eti-Osa L.G.A, measuring 2989.10Sqm.
In an affidavit deposed to by an operative, Mr Adamu Yusuf, the Commission had outlined how a contractor with the NDDC, Starline Consultancy Services Ltd, was paid the sum of N10.2 billion as consultancy fee for levies collected from oil processing companies in the Niger Delta Region.
EFCC’s counsel Iheanacho, had further submitted that out of the money paid to Starline, a sum of N3.6 billion was paid as kickback to Omatsuli through a company named Building Associates Ltd.
He said that about N1.8 billion out of the sum was used by Building Associates to buy properties in the name of a company called Don Parker Properties Ltd, in which Omatsuli had majority shareholding.
He had further submitted that Francis Momoh, who is the majority shareholder in Building Associates Ltd, was introduced as a shareholder in Don Parker Properties Ltd in order to disguise the nature of the crime.
