By Onyewuchi Ojinnaka
Justice Saliu Saidu of the Federal High Court sitting in Lagos, Nigeria, on Monday made an interim order of forfieture to the Federal Government, the sum of N37.5million warehoused in Diamond Bank account and a Hotel, La Diva Hotel procured with the proceed of an unlawful activities by former Director General of NIMASA, Calistus Obi who was convicted on May 23 by Justice Mojisola Olatoregun of Federal High Court Lagos.
Justice Saidu made the order on Monday following the exparte motion filed by counsel to the Economic and Financial Crimes Commission (EFFCC), Mr Rotimi Oyedepo.
The motion which was brought pursuant to Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006 and under Section 34 of the 1999 constitution of Federal Government of Nigeria, sought the following reliefs:
An interim order of the court forfeiting to the Federal Government of Nigeria the property set out in schedule A, which property was traced and found by the Economic and Financial Crimes Commission to have been acquired with funds reasonably suspected to be proceeds of unlawful activities.
An interim order of the court forfeiting to the Federal Government of Nigeria, the properties set out in schedule B, which properties are reasonably suspected to be proceeds of unlawful activities.
An order of the court directing the publication in any newspaper the interim order under the reliefs sought, for the respondents or anyone who is interested in the properties sought to be forfeited to appear before the court within 14 days and show cause why the final forfeiture of the said properties should not be made in favour of Federal Government of Nigeria.
And for such further or other orders as the court may deem fit to make in the circumstances of this case.
The grounds upon which the EFCC brought the application are that the court has the statutory powers under provision of Section 17 of the Advance Fee Fraud and Other Related Offences Act 2006 to grant the reliefs sought; that the property sought to be attached are reasonably suspected to be acquired and bought, using proceeds of an unlawful activities diverted from the Federal Government of Nigeria; that the Respondents’ known and provable lawful income is far less than the property sought to be forfeited to the Federal Government of Nigeria.
Oyedepo had told the judge that the second respondent Callistus Obi was charged and convicted on May 23, 2019.
After making the order, Justice Saidu thereafter adjourned the case to November 4, 2019 for hearing of the motion for final forfeiture of the properties to the Federal Government of Nigeria.