Igbinedion subsequently prayed the court to delist the house as part of the property belonging to Ekweremadu.
By Jeffrey Agbo
Lloyd Ekweremadu, the eldest child of Senator Ike Ekweremadu, has filed a motion asking the Federal High Court in Abuja to set aside the November 4 order of interim forfeiture of his father’s assets granted the Economic and Financial Crimes Commission (EFCC).
He filed the application marked: FHC/ABJ/CS/1242/2022 through his lawyer Adegboyega Awomolo (SAN).
Anambra State Government and a medical company also contested the interim forfeiture order on Monday.
The defendants in three different applications brought to the court challenged the forfeiture of the said property to the government.
Justice Inyang Ekwo had on November 4 ordered the temporary seizure of 40 landed property linked to Ekweremadu who is currently being detained in the United Kingdom over alleged organ harvesting charge.
Lawyer to Anambra State Government, Chuks Igbinedion, told the court that, “the property listed as No. 1 in Schedule “A” in Page 2 of the interim order granted on November 4, 2022, known as No 14/16, Charles Street, GRA Enugu” belonged to it.
The state in an affidavit to show cause why the property should not be forfeited to the federal government, claimed that the said property neither belonged to Ekweremadu nor his wife, Beatrice Ekweremadu, including Power Properties Ltd.
Deponent of the affidavit, Amah Kalu, a litigation secretary in Igbinedion’s law firm, stated that Enugu State was created from old Anambra by the then Head of State, General Ibrahim Babangida, on August 27, 1991, adding that the sharing of assets between the two states was in a white paper published by the Federal Government.
According to him, in the said white paper, the federal government, inter alia, directed that the ownership of five residential houses in Enugu hitherto jointly owned by both states, should be transferred to the Anambra State Government to be used as guest houses.
He said Anambra government and Ekweremadu are currently before Enugu State High Court over the ownership of the building.
Igbinedion subsequently prayed the court to delist the house as part of the property belonging to Ekweremadu.
In its own application, the Uni-medical Healthcare Limited, urged the court to discharge the interim order made against “the property in No. 7 to Schedule “A” of the application.”
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In an affidavit deposed to by its Regional Manager, Onyebuchi Michael, the firm claimed legal owner of the property at Plot 680 and 681, Independence Layout, Enugu in Enugu State “referred to as 23, Umunana Street, Independence Layout, Enugu State.”
The deponent averred that the company bought the property from Power Properties Nigeria Limited in the sum of N300 million in August 2021, adding that the perfection of the title which was completed on March 24, predated the EFCC’s application dated and filed on July 27.
Lloyd’s motion, however, was dated and filed on November 21. It had the EFCC as sole respondent.
According to Lloyd, the facts in support of the EFCC’s ex-parte originating motion, “deliberately and fraudulently omitted very critical facts/evidence, which negate the granting of the application.”
He argued that the motion which the anti-graft agency commenced the action was filed in absolute bad faith.
According to him, the originating motion ex-parte was an abuse of judicial process, oppressive, intimidating and unfair to the parties interested in the property forfeited in the interim.
He said, “the originating motion ex-parte was initiated with the expectation that Senator Ike Ekweremadu and other persons interested in the property be denied of their right to fair hearing.”
EFCC’s lawyer, Sylvanus Tahir, told the court that he was yet to respond to the processes filed by interested parties in the matter.
Justice Ekwo consequently adjourned the matter until December 15 for hearing.