Justice Ayokunle Faji gave the order on Wednesday sequel to a suit marked FHC/L/CS/232/2024 filed and argued by the counsel for the Economic and Financial Crimes Commission (EFCC), Bilkisu Buhari-Bala.
A Federal High Court sitting in Lagos has ordered the interim forfeiture of the sum of $1,426,175.14 million ($1.4 million) linked to the embattled former governor of the Central Bank of Nigeria (CBN) Godwin Emefiele.
Justice Ayokunle Faji gave the order on Wednesday sequel to a suit marked FHC/L/CS/232/2024 filed and argued by the counsel for the Economic and Financial Crimes Commission (EFCC), Bilkisu Buhari-Bala.
The judge also ordered the EFCC to publish the interim forfeiture order in a national newspaper for anyone interested in the money sought to be forfeited to appear before the Court and show cause within 14 days, why the final order of forfeiture of the said sum should not be made in favour of the Federal Government of Nigeria.
The money forfeited in the interim is said to be in Donatone Limited's account number: 2000000500 domiciled in Titan Bank Limited.
Buhari told the court that the orders sought are pursuant to Section 17 of the Advance Fee Fraud and Other Fraud-related Offences Act No. 14, 2006, and Section 44 (2)(B) of the 1999 Constitution of the Federal Republic of Nigeria.
"That this honourable court has the statutory powers under the provisions of section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006 to grant the reliefs being sought.
"That the funds sought to be forfeited are reasonably suspected to be proceeds of unlawful activities," the lawyer said.
In the affidavit, the deponent stated that his commission received credible and directed intelligence which led to the tracing of funds reasonably suspected to be proceeds of unlawful activities warehoused in the Donatone Limited (DL) Titan Trust Bank account, which funds are reasonably suspected to be part of proceeds of unlawful activities.
In an affidavit deposed to by David Jayeoba, an operative with the EFCC, the deponent stated that the EFCC, whilst investigating the monumental fraud carried out by Emefiele and his cronies, discovered a huge amount of money warehoused and concealed in the account of Donatone Limited, domiciled in Titan Trust Bank.
He stated that investigation revealed that some of the brains behind the fraudulent concealment of funds reasonably suspected to have been proceeds of unlawful activities of Emefiele are the natural persons behind Donatone Limited, Uzeobo Anthony and Adebanjo Olurotimi, who are directors of Donatone Limited.
The deponent further stated the following: "Between 2021 and 2022, when accessibility to Forex in Nigeria was difficult, several international entities operating in Nigeria had to resort to different means to source Forex.
"That Uzeobo Anthony and Adebanjo Olurotimi used the firm, to collect bribes and gratification on behalf of Godwin Emefiele, to get approval for accessing forex. And that one of the entities (NP) paid a total sum of $26,552 million USD into the account of a firm domiciled in Titan Trust account number 2000000500.
"That the said credits came into the account of the firm on November 9, 2021: $6,450,000; November 5, 2021: $6,050,000.00; December 16, 2021: $5,400,000.00; December 23, 2021: $652,000; January 31 2022; $3,000,000.00 and September 21, 2022: $5,000,000.00.
"The investigation traced the funds to having been fixed into interest-yielding accounts, dissipated and laundered through a foreign account in Mauritius, and transported back to Nigeria under disguise.
"That of the total sum of $26, 555, 000.00 USD received by the firm, the balance standing in the said account as of today is the sum of $1, 426, 175.14 million USD.
"That it is the balance in the account that the applicant seeks to forfeit to the Federal Government of Nigeria, which has been traced to be the proceeds of unlawful activities of (GE) and his cronies. And that investigation further revealed that the international entities sourcing for forex were pressured into parting with huge funds to access forex during the period.
"That the signatories to the account warehousing the sum of $1, 426, 175.14 million USD, sought to be forfeited are at large and are making frantic efforts to dissipate the funds electronically. And that based on our investigation findings, the funds sought to be forfeited are proceeds of unlawful activities of (GE) and his cronies. And that it is in the interest of justice to grant this application."
Justice Faji granted the orders and adjourned the case to June 25 for a hearing of the final forfeiture of the money.
Similarly, SaharaReporters reported on Friday, May 24, 2024 that Justice Yelim Bogoro on May 25, 2024, had ordered interim forfeiture of $4.7m, N830m, and some assets linked to Emefiele.
The monies forfeited to the Federal Government in the interim were said to be warehoused in First Bank; Titan Bank and Zenith Bank, being operated by Omoile Anita Joy, Deep Blue Energy Service Limited, Exactquote Bureau De Change Ltd; Lipam Investment Services Limited, Tatler Services Limited, Rosajul Global Resources Ltd and TIL Communication Nigeria Ltd.
While the properties forfeited in the interim are: His properties forfeited to the Federal Government include 94 Units of an 11-floor building under Construction at 2, Otunba Elegushi 2nd Avenue (Formerly Club) Road, iKoyi, Lagos; AM Plaza, 11-floor office space, situate on 1E, Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1, Esa Street, Imoore Land purchased with (Deep Bive Industrial Town, Oriade LCDA, Amuwo Odofin LGA, Lagos, Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro Lagos, Owolomi Village, ibeju-Lekki LGA, Lagos and two properties purchased from Chevron Nigeria, Closed PFA Fund, Block B. Lot twin completed property in Lakes Estate, Lekki, Lagos. His properties forfeited to the federal government include 94 units of an 11-floor building under construction at 2, Otunba Elegushi 2nd Avenue (Formerly Club) Road, Ikoyi, Lagos; AM Plaza, 11-floor office space on 1E, Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1, Esa Street, Imoore Land purchased with (Deep Bive Industrial Town, Oriade LCDA, Amuwo Odofin LGA, Lagos; Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro Lagos, Owolomi Village, Ibeju-Lekki LGA, Lagos and two properties purchased from Chevron Nigeria, Closed PFA Fund, Block B. Lot twin completed property in Lakes Estate, Lekki, Lagos.
Others include one plot measuring 1,038.069 sqm, at Lekki Foreshore Estate Scheme, Block A, Plot 4, Foreshore Estate, Eti-Osa, LGA; estate located at 100, Cottonwood Coppel Texas Drive, Coppel, Texas, owned by Lipam Investment Services; a land at 1, Bunmi Owulude Street, (Maruwa), Lekki Phase 1, Lagos and a Property Situate on 8, Bayo Kuku Road, lkoyi, Lagos.
The EFCC had approached the court for an interim forfeiture of the monies and properties, under Section 17 of the Advance Fee Fraud and Other Fraud Related Offence Act. 14 2006, Section 44(2)(b) of the Constitution and under the inherent jurisdiction of the court.
Specifically, the anti-graft asked the court for the following: "An Interim Order forfeiting to the Federal Government of Nigeria the funds warehoused in the accounts particularized in Schedule ‘A’ which funds are reasonably suspected to be proceeds of unlawful activities.