When the matter came up on Monday, the judge announced his withdrawal from the suit, citing external pressure.
Justice Mohammed Idris of the Federal Capital Territory High Court in Abuja has withdrawn from adjudicating on a suit filed by the Nigerian government against a property developer, Mr Cecil Osakwe, who was charged with alleged N130million fraud.
SaharaReporters had in July reported that the Federal Ministry of Justice arraigned Osakwe, before a Federal High Court in Abuja over Advanced Fee Fraud, punishable under section 3(1) of the Laws of the Federation 2004.
The charge against the accused had read, "That you Cecil Osakwe, male, adult of Abeh Signature Limited, sometimes in 2021 in Abuja, Nigeria within the jurisdiction of this Honourable Court obtained by false pretence and with intent to defraud, the sum of N130,000,000 00 (one hundred and thirty million naira) only being payment for the purchase of a two bedroom flat with a maid’s quarters at Abeh Signature Apartment, located at 1, Mekong Close, Maitama, Abuja from one Ms Asabe Waziri which property you failed to deliver neither did you refund her money. You thereby committed an offence contrary to section 3 (1) and punishable under same section of the Advance Fee Fraud, Cap. Ab, LFN, 2004.
“That you Cecil Osakwe, male, adult of Abeh Signature Limited, sometimes in 2021 in Abuja, Nigeria within the Jurisdiction of this Honourable Court threatened Ms Asabe Waziri with injury to her person and reputation with intent to cause harm and even death in order to cause her to stop requesting legitimatety from you her receipt for payment for the purchase of a unit of two bedroom flat with a Maid’s quarters at Abeh Signature Apartment, 1, Mekong close, Abuja, from you and the deeds of assignment thereof. You thereby committed an offence contrary to section 396 (2) and punishable under section 397(a) of the penal code law (cap 89).”
When the matter came up on Monday, the judge announced his withdrawal from the suit, citing external pressure.
At the High Court sitting in Jabi, the judge said he had transferred the case file to the Chief Judge of the court.
In a short ruling, the judge transferred the case file back to the CJ for re-assignment.
SaharaReporters had reported that Asabe, the NNPC staff had intended to purchase one unit of two bedroom flat from the developer, which was valued at N130 million but later resolved to purchase two units at N260 million.
“But shortly after she was given possession of her units, Ms Asabe began to exhibit characters that are unbecoming of a public servant. Firstly, Ms Asabe’s payment mode was questionable,” the managing director of Abbey Signature Limited had also told SaharaReporters.
In a letter to the Attorney General of the Federation, Abubakar Malami (SAN) by his counsel, Victor Giwa, Osakwe had also accused Waziri of blackmail and advised the AGF not to allow his “highly regarded” office as tool for blackmail.
Meanwhile, a Federal Capital Territory High Court in Abuja had in a suit between Abbey Signature Limited vs Asabe Waziri and marked FCT/HC/BW/CV/2435/2021, directed Waziri to vacate the property, while Abbey Signature should refund the money paid by her.
In its verdict on February 17, 2022 on the matter, the court said: “That having regards to sections 1, 14, 15 of the Money Laundering (Prohibition) Act and other relevant laws, the various payment made vide cash and sundry bank transfers made by the defendant (Asabe Waziri), is illegal and contrary to the aforementioned provisions of the money laundering laws.
“That the claimant (Abbey Signature) was right in terminating the contract it had with the defendant (Asabe Waziri) for the purchase of the two flats at Abbey Court and offering refund of the money paid so far being void due to the contravention of Money Laundering (Prohibition) Act.
“That in view of the termination of the contract for the purchase of the two flats at Abbey Court by the claimant, the defendant can no longer claim or exercise ownership at Abbey Court to the claimant over the said two flats.
“Consequently, this court orders the claimant to immediately refund the entire monies paid by the defendant (including the legal and agency fees) and further orders the defendant to immediately hand over possession of the two flats, being flats 3C and 3B at Abbey Court to the claimant.”