Court orders permanent forfeiture of $49,700 recovered from ex-INEC REC

The Federal High Court in Abuja, on Wednesday, ordered the permanent forfeiture of 49,700 dollars allegedly recovered from Dr Nura Ali, former Resident Electoral Commissioner (REC), Independent National Electoral Commission (INEC), for Sokoto State in the 2023 general elections

Justice Emeka Nwite gave the order after Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved a motion to that effect.

Akponimisingha, while moving the application, told the court that the ICPC had complied with the earlier interim order made by the court for temporary forfeiture of the money.

The lawyer said a publication was made for interested person(s) to show cause why the recovered funds should not be forfeited permanently to the Federal Government as directed by the court.

He, however, said that no interested person had shown up since the day of the publication, and neither was any interested person represented in court today.

“We, therefore, seek an order forfeiting the sum of $49,700 US dollars to the Federal Government in view of the processes filed in respect of this matter from interim forfeiture to this stage, my lord,” he said.

Delivering the ruling, Justice Nwite held that the application by the lawyer was meritorious.

“I have listened to the submission of the learner counsel to the applicant, and I have also gone through the affidavit evidence.

“I am of the view that the application is meritorious.

“Consequently, the application is granted,” the judge ruled.

The News Agency of Nigeria (NAN) reports that Justice Nwite had, on Dec. 30, 2024, ordered the temporary forfeiture of the seized funds, after the lawyer moved the ex-parte motion.

While the Federal Republic of Nigeria (FRN) was the applicant, Ali was the sole respondent in the motion ex parte marked FHC/ABJ/CS/1846/2024.

The motion, dated Dec. 20, 2024, and filed Dec. 24, 2024, was jointly filed by the ICPC and the Department of State Service (DSS).

Mr Usman Dauda, the Director of Legal, signed the application on DSS’ behalf, and Akponimisingha, Assistant Chief Legal Officer in ICPC, was part of the legal team that draughted the process.

The motion sought an order of the court temporarily forfeiting the sum of $49,700.00 (forty-nine thousand, seven hundred dollars), “recovered from one Dr Nura Ali during a search operation by the Federal Government of Nigeria, being property suspected to be the 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 dollars 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.

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 extrajudicial statement is hereby attached and marked as exhibit DSS 2,” he said.

He said invitation letters had been written to invite persons he claimed gifted him the alleged $49,700.00.

“I also know as a fact that Dr Nura Ali did not report the gift of the alleged $49,700.00 to any law enforcement agency as required by extant laws of the land.

“Dr Ali had in the past written letters to the State Security Services requesting the 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 the investigation was yet to be concluded; hence, the need for the 90-day application.

Justice Nwite, who said that the application was meritorious, granted the prayers then.

The judge adjourned the matter until Jan. 30, 2025, for a report of compliance on the publication in the media and adjourned until March 31, 2025, for a hearing of the matter.

NAN

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