Court order: Forfeiture of N1.83b to the Federal Government

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Court order: Forfeiture of N1.83b to the Federal Government

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Justice Muslim Hassan of a Federal High Court sitting in Lagos, has ordered the final forfeiture of the sum of N1.83 billion belonging to a former Chief of Naval Staff, Admiral Dele Ezeoba.The Judge made the order on Thursday following an application by the EFCC prosecutor, Mr Rotimi Oyedepo, pursuant to section 17 of the Advanced fee fraud Act 2006.Joined in the suit are defendants Chukwuka Onwuchekwa and Aquila Leasing Ltd.Recall that the Judge had on March 15, issued an interim order for forfeiture of the said sum.The judge had then ordered the EFCC to make a publication of same in a national newspaper.Hassan held that the EFCC, having complied with the provisions of section 17 of the Advanced Fee fraud Act, as well the EFCC Act, and the fact that the property is unclaimed, it was appropriate to make the orders.“Having satisfied that such property is an unclaimed property, and also satisfying the provisions of the law, the court shall order the final forfeiture of the said property.“In this view, there is no other proof required to enable the court make an order of final forfeiture; this application is meritorious and hereby granted.“An order is hereby made for final forfeiture of the total sum of N1.825 billion to the federal government of Nigeria,” the Judge ruled.EFCC had said that the money was traced to the account of Aquila Leasing Ltd, adding that Ezeoba had agreed in his statement to the EFCC to forfeit the money.He had said that the money was diverted from the Nigerian Navy under the leadership of Dele Joseph Ezeoba.The Commission further claimed that Ezeoba used  a fraudulent account name, “Chukwuka Onwuchekwa”.EFCC said that the former Naval Chief stated in his statement that the account was opened with Onwuchekwa’s consent while he (Ezeoba) managed it.In a “desperate bid” to further disguise and conceal the illicit source of the funds, Ezeoba entered into a memorandum of understanding to buy Aquila’s shares from Onwucheka, who is its managing director; this is according to the anti-graft agency.It said that the shares were worth N2.4 billion out of which about N1.83billion has been recovered in drafts in favour of the Federal Government.The EFCC had therefore, sought for an order of the honourable Court, to forfeit the entire sum of N1.825 billion to the Federal Government of Nigeria.Mr. Pascal Madu who is Counsel to the respondent, said that his clients were not opposed to the permanent forfeiture of the money.He, however, said that his clients were not involved in any fraud, adding that Ezeoba, gave them the money to buy him shares.Oyedepo in response urged the court to make a permanent forfeiture order in view of the admission of the respondent, to which the Judge conceded. 

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