By Onyewuchi Ojinnaka
Justice Muslim Hassan of a Federal High Court Lagos, sitting as a vacation judge, on Thursday ordered temporary forfeiture of a property, located at Lekki Peninsula Lagos, to the Federal Government of Nigeria, pending investigation and possible prosecution of a case of alleged fraud.
The Judge, granted the interim orders, consequent upon an ex parte (without notice) application filed before the court by the Economic and Financial Crimes Commission (EFCC).
Akintayo Oloko, Macbosh Properties Ltd, and Safetrust Mortgage Bank are first, second and third respondents respectively.
In the application seeking an interim order to forfeit the property measuring 5027.14 square metre, situated at Lekki Pennisula Scheme, and particularly described as Block 116, Plot three, Ikate ancient city in Eti-Osa Local Government Area, Lagos; counsel to the anti-graft agency, Mr Anana Nkereuwem told the court that the property is reasonably suspected and traceable to be connected to economic and financial crimes.
Moving the application, he prayed the court to grant an order for the property to be temporarily attached, pending conclusion of investigations and prosecution of the case.
In the application with supporting affidavit attached which was deposed to by Mr Isaac Gong, an investigating officer of the EFCC, the commission stated that it received a petition from one Mr Kunle Ogunmefun against the respondents.
Consequent upon the petition, investigations carried out revealed that the third respondent (Safetrust mortgage bank) proposed to construct three high rise buildings within a construction and delivery period of 24 months.
It was averred that the third respondent thereafter, offered to sell one of the buildings to the victim, at an agreed sum of N710 million while a “non disclosure agreement” was then executed between the victim and the second respondent (Macbosh properties Ltd)
The commission further averred that the said agreement was made on the understanding that Macbosh was an agent of the bank, and the first respondent (Akintayo) its Managing Director.
The deponent stated that the victim then deposited a sum of N550 million in the respondents’ account with Sterling Bank, with the understanding that the property will be delivered within the speficified period of 24 months from date of execution of Memorandum of Understanding (MoU).
He stated that after the victim made the said payment, the third respondent has till date, refused to deliver the said property as agreed.
According to the commission, further investigations then revealed that the third respondent was indebted to Sterling Bank, and thetefore , obtained the sum from the victim, to settle its debt.
Investigations revealed that immediately the money was deposited by the victim, it was deducted by the bank as settlement of the third respondent’s indebtedness to it.
Following the revelations, the anti-graft agency, therefore seeks an interim order of the Court, for forefeiture of the said property, pending possible prosecution of the case.
According to the Commission, “transactions of this nature, has contributed to dwindling the economy of the country”, adding that it is in the best interest of Justice to make the interim orders.
After listening to the submissions of counsel, the court granted the interim orders as prayed.
