Justice Mojisola Olatoregun of a Federal High Court in Lagos has ordered the final forfeiture of N2.2 billion recovered by the Economic and Financial Crimes Commission (EFCC) from a former Chief of Air Staff, Air Marshal Adesola Amosu Nunayon (rtd).
The order was sequel to the granting of a motion filed by the anti-graft agency seeking final forfeiture of the fund to the Federal Government.
The judge had, on 13th June 2018, upon the granting of an ex parte motion filed by the EFCC, ordered the temporary forfeiture of the fund to the Federal Government.
In her ruling on the EFCC’s motion for final forfeiture, Justice Olatoregun 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 (GTB)
She agreed with the EFCC that the money is reasonably suspected to be proceeds of unlawful activity.
The judge also ordered the final forfeiture of N190,828,978.15 recovered from a former Nigeria Air Force (NAF)’s Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.
Also forfeited is N101 million recovered from Solomon Enterprises, a company linked to Amosu.
The judge dismissed 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.
“The forfeiture proceeding was an “action in rem” and a non-conviction based forfeiture. The requirements for the two proceedings are different and distinct,” she held.
Justice Olatoregun further held that in a forfeiture proceedings, evidential burden shifts to the respondents to prove that they obtained the money lawfully and the respondents have failed to do so.
“The case (forfeiture) can go in the face of the criminal proceedings.
“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 lawfully.
“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’ final forfeiture, Justice Olatoregun directed the EFCC to file an affidavit of compliance within 14 days.
