Federal High Court in Abuja yesterday ordered the temporary forfeiture of $49,700 allegedly recovered from a former Resident Electoral Commissioner, REC, Independent National Electoral Commission, INEC, for Sokoto State in the 2023 general elections, Dr Nura Ali.
Justice Emeka Nwite gave the order after Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission, ICPC, moved an ex-parte motion to the effect.
While the Federal Republic of Nigeria was the applicant, Ali was the sole respondent in the motion ex-parte marked: FHC/ABJ/CS/1846/2024.
The motion, dated December 20 and filed on December 24, was jointly filed by the ICPC and the Department of State Service, DSS,
The Director of Legal, Mr Usman Dauda, signed the application on DSS behalf, Akponimisingha, Assistant Chief Legal Officer in ICPC, was part of the legal team that drafted the process.
The motion sought an order of the court temporarily forfeiting $49,700.00 from Ali during a search operation by the Federal Government of Nigeria, FRN, being property suspected to be proceeds of an unlawful activity.
It also sought an order directing the applicant i.e., the FRN, through the ICPC and the DSS to jointly conduct a thorough preliminary investigation into the alleged unlawful activities of Ali, in respect of the moveable property sought to be forfeited and make a report to the court within 90 days.
It sought an order directing the applicant i.e. FRN, through the ICPC and the DSS to deposit the $49,700.00 in an escrow account with the Central Bank of Nigeria, CBN.
The application equally sought an order directing the applicant to publish a notice in any national newspaper calling for persons whether human, juristic or artificial, having interest in the money to show cause why it should not be permanently forfeited to the federal government.
Giving nine grounds why the application should be granted, the applicant said the victim of the alleged crime was the Federal Government of Nigeria and innocent taxpayers which include judges of courts across the country.
It said the money was recovered during a search operation by operatives of the DSS at the residence of Ali.
“The alleged moveable property of $49,700.00 was bribe money received by Dr Ali when he was the Resident Electoral Commissioner for Sokoto State.
“The alleged moveable property is not the legitimate earning of Dr Ali.
“The alleged moveable property is suspected to be proceed of crime,” it said.
The applicant argued that INEC does not pay its staff members with American Dollar.
It said the essence of the application was not to compulsorily acquire the alleged moveable property from the alleged owner, but to preserve the property from dissipation.
It said if the court grants the reliefs sought, interested persons including the alleged owner will be given opportunity to offer an explanation as to its legitimacy.
“Where cogent and verifiable explanation exists as to how the property was acquired, devoid of crime, the alleged owner or any other person having proprietary interest in the property will be allowed unrestricted possession.
“This application is not in conflict with the provisions of Sections 43 and 44 of the 1999 Constitution (as amended) which guarantees the rights of citizens of Nigeria to acquire and own immoveable and moveable properties in any part of Nigeria,” it said.
When the matter was called, Akponimisingha, who appeared for the FRN, told the court that the motion ex-parte prayed the court for four orders.
The lawyer said four exhibits were attached to the motion, including Exhibit DSS 1 to Exhibit DSS 4.
He urged the court to grant the application in the interest of justice.
He said a search was conducted in Ali’s residence in Kano and $49,700 was retrieved from the building.
He told the court that Ali allegedly said that $150, 000 was given to him by the former Governor of Sokoto State, Aminu Tambuwal, and Senator Aliyu Wamakko.
The ICPC lawyer, who alleged that Ali made this disclosure in his extra-judicial statement to the DSS, said the former REC also wrote a letter to the security outfit in a bid to reclaim the money.
He insisted that INEC does not pay his workers or RECs in dollars.
Also in the affidavit in support of the motion ex-parte deposed to by Iliya Markus, a litigation officer with ICPC, he noted that Akponimisingha informed him that he read through the case file and comprehended facts forming the allegations leading to the execution of a search warrant by operatives of the DSS at Ali’s residence.
Markus said the DSS received an intelligence report on Dr Ali on allegations of bribery received from stakeholders, i.e politicians in the course of his official duties as INEC REC in charge of Sokoto State.
He said the intelligence report was processed and residence of Ali in Kano was searched pursuant to a search warrant executed jointly by operatives of the ICPC and DSS.
“A copy of the search warrant is hereby attached and marked as exhibit DSS 1,” he said.
The officer said in the course of the execution of the search warrant, the sum of $47,000.00 was recovered from the house.
According to him, Dr Ali also made statement(s) with respect to the search on his residence and the subsequent recovery of the alleged $49,700.00.
“A copy of the said extra-judicial statement is hereby attached and marked as exhibit DSS 2,” he said.
He said invitation letters had been written to the persons he claimed gifted him the money.
“I also know as a fact that he did not report the gift to any law enforcement agency as required by extant laws of the land.
“Dr Ali had in the past written letters to the DSS requesting for release of the alleged $49,700.00 bribe money to him.
“Copies of the said letters are hereby attached and marked as exhibits DSS 3 & 4 respectively,” he said.
Markus said investigation is yet to be concluded, hence, the need for the 90 days application.
Justice Nwite, who noted that the application was meritorious, granted the prayers.
The judge adjourned the matter until January 30, 2025 for report of compliance on the publication in the media and adjourned until March 31, 2025for hearing of the matter.(NAN)
