By ADEJUWON OSUNNUYI
Justice Nicholas Oweibo of a Federal High Court sitting in Ikoyi, Lagos, on Tuesday (today) ordered full and final forfeiture to the Federal Government of Nigeria jewelry valued at $40 million (about N14.4 billion), recovered from a former Petroleum Resources Minister, Mrs. Diezani Alison-Madueke.
Justice Oweibo made the order of final forfeiture of the said jewelry while delivery judgement in a motion filed by the Economic and Financial Crimes Commission.
The forfeited jewelry are categorised into 33 sets, which include ‘419 expensive bangles and 315 expensive rings’.
Also forfeited to the FG are: 304 expensive earrings, 267 expensive necklaces, 189 expensive wristwatches and 174 expensive necklaces and earrings.
The rest are 78 expensive bracelets, 77 expensive brooches and 74 expensive pendants.
In granting the final forfeiture order, Justice Oweibo held that Mrs. Allisoy-Madueke, instead of showing cause for the properties not to be finally forfeited to the Federal government of Nigeria, only filed an application to set aside and discharge the earlier interim order of forfeiture made by the court on July 5, 2019.
It would be recalled that Justice Oweibo had in July 5, ordered temporary forfeiture of the jewelry, following an exparte application brought before the court by the EFCC through its lawyers Mr. Rotimi Oyedepo and U. U. Buhari.
In the application, the EFCC had alleged that the $40 USD jewelry and other items are product of unlawful activities.
On September 2, Mrs. Allison-Madueke’s lawyer, Nnamdi Awa-Kalu, argued an application challenging court’s jurisdiction for making interim forfeiture order and urged the court to set aside the interim order.
Awa-Kalu told the court that the application, which was supported with 11 paragraphs affidavit, was pursuant to section 43 and 44 of the Nigeria’s 1999 Constitution and section 17 of the Advance Fee Fraud and 83 and 84 of the EFCC Act.
He urged the court to refuse the EFCC’s temptation and discharge the interim order place on his client’s items.
But lawyer to the EFCC, Oyedepo urged thej court to discountenance Diezani’s application to set aside the interim order, as the former Nigeria’s Minister of petroleum had failed to show cause while the items should not finally be forfeited to the Federal Government of Nigeria.
Oyedepo also told the court that its vested and empowered by section 17 and 14 of Advance Fee Fraud to hear and determined a case of this nature.
He added that the objections raised by Diezani’s counsel was not an issue, as a case of this nature has been settled in an Appeal court decision in a case between Federal Republic of Nigeria and Patience Jonathan and LA Warri Furniture Limited and some other cases of its nature.
He therefore urged the court to dismiss the respondent’s application and also make an order for final forfeiture of the said items.
At the resumed hearing of the matter today, Justice Oweibo, after citing several authorities of appellant court, held that instead of the respondent (Mrs. Allison-Madueke) showing cause while the properties should not be finally forfeited, she only filed a motion to set aside the interim order.
“The deponent in the affidavit of the motion is not the owner of the properties sought to be forfeited and the deponent did not stated in the affidavit where he got the information from.
“On the whole and in the view of the respondent failed to show cause why the properties should not be finally forfeited, the order of final forfeiture is hereby granted. The properties is hereby finally forfeited to the Federal government of Nigeria.”
