Justice Coram Liman dismissed the EFCC’s application for final forfeiture on the basis of gross abuse of the process of court.
The Federal High Court in Lagos has dismissed an application by the Economic and Financial Crimes Commission to permanently forfeit properties linked to Kolawole Aluko, an ally of a former Minister of Petroleum Resources, Diezani Allison-Madueke.
Justice Coram Liman dismissed the EFCC’s application for final forfeiture on the basis of gross abuse of the process of court.
The court had in October 2019 granted an interim order of forfeiture in respect of three properties said to belong to the 1st defendant, Aluko.
The properties are described as (i) dwelling house situate at Plot 3390, Margaret Thatcher Close off Yakubu Gowon Crescent, Asokoro, Abuja FCT (ii) A Parcel of land at Plot 3390, Margaret Thatcher Close off Yakubu Gowon Street Crescent Asokoro, Abuja FCT (iii) Property described as Plot 1391, Tiamiyu Savage Street.
The court granted the order as prayed on the 17th day of October 2019 forfeiting the properties in the interim based on the principle of non-conviction forfeiture pursuant to section 17 of Advance Fee Fraud and Other Fraud Related Offences Act 2006 (AFF ACT).
However, after the interim forfeiture order, the defendant filed an affidavit objecting the interim forfeiture order.
Also, a third party, Trelou Investment Inc, filed an application seeking to join the suit and also praying by way of interpleader that the court dismiss the application in so far as “Avenue Towers” is concerned since the Court of Appeal had made a finding of fact in an earlier suit to the effect that Trelou Investment Inc. had shown sufficient interest in the property known and described as “Avenue Towers”.
While giving judgment on Tuesday, Justice Liman dismissed the permanent forfeiture application of the EFCC, saying, “Suit was an abuse of the process of the court as it was wrong for the EFCC to attempt to enjoy two interim order of forfeitures when one interim forfeiture order was subsisting before another Federal High Court in Abuja since 2016.”
The judge also said that the EFCC did not take any step since the grant of that order in 2016 and simply abandoned the case.
Justice Liman quoting the famous phrase of Lord Denning in Mcfoy v UAC 1962 AC, stated that the EFCC “cannot put something on nothing”.
The judge added, “In that there must be a valid and subsisting interim order before competently applying for a final order of forfeiture.
“Since the properties were earlier forfeited in 2016, there was no property available to be forfeited in 2019.
“In the absence of a valid interim order of forfeiture, the case could not competently progress to the final forfeiture stage. And so held the Federal High Court, Lagos Division.”