DACHEN ISSAC FROM RIPPLES NIGERIA
A Federal High Court sitting in Abuja, on Friday, vacated the interim forfeiture of 40 landed properties granted against the former Deputy Senate President, Senator Ike Ekweremadu, on November 4, 2022.
While giving the ruling, the presiding judge, Justice Inyang Ekwo, said the application for forfeiture filed by the Economic and Financial Crimes Commission (EFCC) was fraudulently obtained and not done in good faith, and therefore, ought to be struck out.
Justice Ekwo also held that the EFCC failed to disclose material facts on the matter despite knowing the predicament of Ekweremadu and his wife in the United Kingdom.
“I do not think that the desired objective of the legislature in enacting the provision of Section 17 of the Advance Fee Fraud and Other Related Offences Act (AFFOROA), 2006 relied upon by the respondent (EFCC) in initiating the proceeding to obtain an ex-parte order of interim forfeiture order was for the provision to be used in any circumstance where the person affected is not in a position to defend himself or show cause as required,” the judge said.
The judge also disagreed with the EFCC that since the Ekweremadus had failed to file application to show cause, the court should go ahead with the order for final forfeiture of the assets.
“I do not think that this position is correct. The requirement to file affidavit to show cause pursuant to S. 17 of the AFFOROA, 2006 will hold strong in a normal situation where the person required to do so is not fettered by any act, condition or situation that amounts to a deprivation of the right to show cause as required by law.
“In this case, the respondent (EFCC) wrote Exhibit SIE 2 (a letter) to the Crown Prosecution Service in the United Kingdom which letter was used as evidence to deny Senator Ike Ekweremadu bail in the criminal proceedings.
