By Onyewuchi Ojinnaka
Justice Mojisola Olatoregun of a Federal High Court sitting in Lagos on Wednesday ordered the final forfeiture of the sum of N2.2 billion recovered from former Chief of Air Staff Air Marshal Adesola Amosu.
Justice Olatoregun made the order consequent upon an application filed by the Economic and Financial Crimes Commission (EFCC) praying the court to make the final order which was made interim in June last year.
While delivering judgement on the application on Wednesday, the judge ordered that the total sum of N2,244,500,000 found and recovered by the commission from Amosu be paid into the Federal Government’s Treasury Single Account (TSA) with Guarantee Trust Bank.
Justice Olatoregun upheld the submission of the EFCC that the money is reasonably suspected to be “proceeds of unlawful activity.”
Besides the money recovered from Amosu, the judge also ordered the final forfeiture of N190,828,978.15 recovered from a former Nigeria Air Force (NAF) Director of Finance and Budget Air Commodore Olugbenga Gbadebo, and N101 million recovered from Solomon Enterprises, a company linked to Amosu.
The judge held that EFCC complied with the orders made on June 7, 2018, including advertising of interim forfeiture in The Nation and Punch newspapers so that the respondents or anyone interested can show cause as to why the final order of forfeiture should not be made in favour of the Federal Government.
She dismissed the counter-affidavits by Amosu and Gbadebo, holding that they did not justify the money’s ownership.
She also dismissed their argument that they were currently undergoing trial over the same sums sought to be forfeited and that granting the final forfeiture order would foist a fait accompli on the trial court.
Justice Olatoregun said the forfeiture proceedings was an “action in rem” and a non-conviction based forfeiture.
“The requirements for the two proceedings are different and distinct,” she held.
She stressed that in a forfeiture proceedings, evidential burden shifts to the respondents to prove that they obtained the money lawfully, which she said they failed to do.
“The case (forfeiture) can go in the face of the criminal proceedings,” she said.
According to her, the respondents did not provide any justification for not granting EFCC’s application.
“They failed to provide any facts as to the level of probability to ascertain if the funds were obtained unlawfully
“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 an unlawful activity.
“The affidavits disclose no reason why the order of final forfeiture should not be made,” she held.
After ordering the sums’ forfeiture, she directed the EFCC to file an affidavit of compliance within 14 days.