A Federal High Court in Abuja has fixed October 16 for the hearing of a suit challenging the Economic and Financial Crimes Commission's (EFCC) seizure of properties allegedly purchased with funds obtained through a N2.5 billion fraud. The suit was brought by Abdullahi Saidu, the owner of the properties, who claims they were not acquired with proceeds of illegal activities. The EFCC had obtained an interim forfeiture order against the properties, which include two units of four-bedroom semi-detached duplexes in Abuja and Niger State.
The properties affected by the forfeiture order include two units of four-bedroom semi-detached duplexes at Aliyu Villa, Brick City Phase 1, Kubwa, Abuja, a three-bedroom terrace duplex at Tungan Yakubu, along the Abuja-Kaduna Expressway, and two landed properties designated as Plots C1 and C2. Also affected is Ngeil Supermarket Plaza located at Sabon Wuse, Tafa Local Government Area of Niger State. Saidu's lawyer had filed an application seeking the vacation of the interim forfeiture order, which the EFCC's lawyer, J.N Dongonyaro, said he was yet to respond to.
The EFCC had claimed in its motion for interim forfeiture that investigations showed that the said properties were allegedly purchased with fraudulently obtained funds. The commission said its investigation followed a petition by Alhaji Adamu Ya'u, alleging that Saidu, in connivance with Kamal Oladayo Soetan and Adamu Abdullahi Yerima, defrauded him in a diamond transaction. The EFCC alleged that Saidu and others told Ya'u that they owned 30 parcels of diamond pallets, weighing about 50.210kg and 22 parcels of rough diamonds, which they offered to sell to him.
According to the EFCC, Saidu and others allegedly demanded various sums from Ya'u for purported clearance and other reasons connected with the shipment. The EFCC stated that Saidu allegedly collected $773,000 in tranches purportedly to clear the consignment at a Nigerian port. It further alleged that Saidu collected $553,000 purportedly to pay Customs officers, while another of his associates identified as Yerima allegedly collected $672,000 in tranches purportedly for final clearance by the Department of State Services (DSS).
The EFCC said Ya'u claimed that the total sum collected from him by Saidu and others amounted to N2.5 billion. It said investigations revealed that the diamonds were never supplied after the payments were made and that claims by Saidu and others were found to be untrue. The EFCC alleged that investigations established that there was no diamond consignment for sale as represented by Saidu and others, adding that he allegedly used his share of the proceeds to acquire the properties.
Justice Musa Liam fixed the hearing date after the EFCC's lawyer requested time to file a counter affidavit in response to Saidu's application. The court will determine whether the interim forfeiture order should be vacated or whether the EFCC's allegations against Saidu and others are substantiated. The case has significant implications for the fight against corruption and financial crimes in Nigeria.
The case also raises questions about the due process and the rights of individuals and businesses in Nigeria. The EFCC's actions have been criticized by some as high-handed, while others have argued that the commission is doing its job in tackling corruption. The court's decision will be closely watched by stakeholders and the general public.
Key points
- - A Federal High Court in Abuja has agreed to hear a suit challenging the EFCC's seizure of properties linked to a N2.5 billion fraud case. - The properties affected by the forfeiture order include two units of four-bedroom semi-detached duplexes in Abuja and Niger State. - The court will determine whether the interim forfeiture order should be vacated or whether the EFCC's allegations against Saidu and others are substantiated.
