From Segun Ayinde, Abeokuta
Justice Ayokunle Faji of the Federal High Court, Ikoyi, Lagos, on Thursday ordered the final forfeiture of $1,426,175.14 linked to a former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele.
The order followed a motion filed by the respondent seeking to set aside the court’s final forfeiture order of June 25, 2024.
This was contained in a press statement by the Head of Media and Publicity, Economic and Financial Crimes Commission, EFCC, Dele Oyewale.
The court had given the final forfeiture order after a motion on notice filed by Bilkisu Buhari, counsel for the EFCC, which went uncontested by any interested party.
The motion was supported by an affidavit deposed to by David Jayeoba, an investigating officer with the EFCC who stated that investigation carried out showed that the fund was reasonably suspected to be proceeds of unlawful activities “warehoused” in Donatone Limited’s Titan Trust Bank account.
“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.
“Of the total sum of $26,552,000.00 received by the firm, the balance standing in the said account as at today is $1,426,175.14 million.
“It is the balance in the account that the applicant seeks to forfeit to the federal government, which has been traced to be the proceeds of unlawful activities of Emefiele and his cronies.
“Investigation revealed that international entities sourcing for forex were pressured into parting with huge funds to access forex during the period.
“The signatories to the account warehousing $1,426,175.1 sought to be forfeited are at large and are making frantic efforts to dissipate the funds electronically,” the statement said.
Subsequently, the court granted the order.
However, in a counter-affidavit by solicitors for Donatone Limited dated November 25, 2024, they argued that the depositions contained in paragraphs four to 18 of the affidavit deposed to by Jayeoba were not correct.
Responding to the counter-affidavit, the EFCC in an affidavit dated November 29, 2024, countered their claim with more evidence.
Subsequently, Justice Faji held that “anyone laying claims to the fund must show the lawfulness of the acquisition and not that the said fund is not proceeds of crime.
“Having listened to the submission of the applicant’s counsel and also perused the motion, together with the affidavit in support, the motion is hereby granted.”
The judge therefore granted the application for final forfeiture of the funds.
