- Court was misled, says Saraki
By Ishaya Ibrahim
A Federal High Court sitting in Ikoyi, Lagos, on Monday, ordered the temporary forfeiture of two properties located in Ikoyi area of Lagos State and belonging to the immediate past Senate President, Dr Bukola Saraki, to the Federal Government.
The Ilorin zonal office of the Economic and Financial Crimes Commission (EFCC) had in an ex-parte application filed by the Commission’s lawyer, Nnaemeka Omewa, approached the court, seeking an order of interim forfeiture of the properties located at No. 17A McDonald Road, Ikoyi, Eti Osa Local Government Area of Lagos, alleging that they were acquired through proceeds of unlawful activities.
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A statement by Wilson Uwujaren, head, media and publicity, of the commission, which was made available to TheNiche said part of the reliefs sought by the EFCC included, “An order of this honourable court forfeiting to the Federal Government of Nigeria landed property with appurtenances situate, lying and known as No. 17A McDonald Road, Ikoyi, Eti Osa Local Government Area of Lagos State found and recovered from the respondent which property is reasonably suspected to have been acquired with proceeds of unlawful activity”.
The Commission in supporting affidavits, alleged that the former Senate President acquired the two properties with proceeds of unlawful activity; that while serving as governor of Kwara State, he withdrew over twelve billion cash from the account of the Kwara Government and paid same into his accounts domiciled in Access and Zenith Banks through one of his personal assistant, Abdul Adama, at different intervals.
Delivering Ruling on the application, Justice Mohammed Liman ordered the interim forfeiture of the two properties. He also instructed that the EFCC should publish the order in a national newspaper within 14 days, for anyone with interest in the properties to show cause, why they should not be finally forfeited to the Federal Government.
But in a swift reaction to the court ruling, Saraki said the judge was misled into giving such verdict.
In his response which was made via his twitter handle, Saraki said: “My attention has been drawn to an Order granted by a Federal High Court sitting in Lagos pursuant to an ex-parte application by EFCC.
“It is my belief that the Judge was misled into granting this Order and was not presented with the full position of the law or the facts.”
Calling attention to a previous ruling of by the Federal High Court in Abuja, Saraki stated; “It is my belief that the Court was not informed of a pending Order of a Federal High Court sitting in Abuja restraining from taking any steps regarding the seizure of the property in question pending the determination of a suit filed before that Court.
“I also believe that the Court was not made aware that the property in question formed part of the judgment of the Court given on July 6, 2018 where the Supreme Court declared that the source of funds for the purchase of the property was not illicit as claimed by the prosecution.
“The Supreme Court specifically referred to No 17a McDonald Road, Ikoyi on pages 12, 13 and 26 of its judgment upholding the no-case submission made before the Code of Conduct Tribunal.
“I am confident that once these facts and the declaration of the Supreme Court are brought before the Court, this Order will be vacated. My lawyers will be approaching the Court immediately to achieve this.”
