By Onyewuchi Ojinnaka
Justice Muslim Hassan of a Federal High Court sitting in Lagos, Nigeria on Friday, ordered final forefeiture to the Federal Government of Nigeria, the sum of N426.7 million belonging to a retired Brigadier-General of the Nigerian Army, John Onimisi Ozigi.
Justice Hassan gave the order following a motion on notice filed by the Economic And Financial Crimes Commission (EFCC) seeking final forfeiture of the sum.
While ruling on the application, the judge held that the respondent failed to adduce concrete and satisfactory evidence before the court on why monies suspected to be proceed of unlawful activities should not be forfeited to Federal Government of Nigeria.
“The application has met the conditions stipulated in Section 17 of of the Advanced Fee Fraud and Related Offences Act”
“The application is meritorious and it is hereby granted as prayed”, the judge said.
The application was filed by counsel to the EFCC, Mr Nkereuwem Anana.
Joined as respondents in the suit are John Onimisi Ozigi, and a company, Diamond Head Ventures and Development Company Ltd.
Justice Hassan had earlier issued an interim order for forfeiture of the sum, following an exparte application filed by the EFCC. He had then ordered interested parties to appear and show cause why the interim orders should not be made permanent.
In March, the EFCC argued its application for final forfeiture of the sum on the grounds that they were reasonably suspected to be proceeds of unalwful activities.
The Court had then adjourned the case until April 6, for judgement.
Meanwhile, following the COVID-19 pandemic, judgment could not be delivered and counsel were informed of a new date.
In his Judgment on Friday, Justice Hassan granted the motion for final forefeiture as prayed by the EFCC.
In the suit marked FHC/L/CS/1094/18 the Anti-graft Agency had prayed for an order for final forfeiture to the Federal Government, the sum of N426.7 million found in the account of the respondent.
The EFCC in an affidavit deposed to by one of its operatives, Clever Ibrahim, averred that the first Respondent is an officer of the Nigerian Army, while the second respondent is a business name owned and incorporated by the first Respondent under the law of the Federal Republic of Nigeria.
The deponent also stated that the first Respondent is a salary earner and a public officer under the rank as a Brigadier- general with an estimated salary of about N750. 000.00 (seven hunched and fifty thousand Naira) per month.
It was also stated that intelligence information revealed that monies have been found in account opened In the name of the first and second Respondents that is not reasonably justifiable and commensurate with the first Respondent’s legitimate income.
According to the Commission, the sum is reasonably suspected to be crime proceeds.
Clever Ibrahim averred that when the first respondent was confronted with respect to the sums in the account, he made a statement to the Commission.
He said that in the said statement, the respondent had indicated willingness to refund the money to the Federal Government, adding that the said statement was attached as Exhibit EFCC 3.
EFCC had deposed that the order if made, will serve the course of justice, as same is sought in good faith and in accordance with the Oaths Act.
