The Federal High Court in Lagos today ordered the permanent forfeiture of N1.825billion linked to a former Chief of Naval Staff, retired Admiral Dele Ezeoba to the Federal Government.
The money, which the Economic and Financial Crimes Commission (EFCC) claimed was diverted by Ezeoba from the coffers of the Nigerian Navy, was found in the bank account of a company, Acquila Leasing Limited.
The anti-graft agency had dragged Acquila Leasing Limited and its “alter ego,” Mr. Chwuka Onwuchekwa to court and had, on March 16, 2017 obtained an order temporarily forfeiting the money to the Federal Government.
The agency later filed an application seeking the permanent forfeiture of the money to the government.
Acquila Leasing Limited and Onwuchekwa, through their lawyer, Mr. Paschal Madu, appeared in court on April 4, 2017, but they did not oppose the prayer by the EFCC to permanently forfeit the money.
Ruling on the EFCC’s application today, Justice Muslim Hassan held that the EFCC had satisfied the provisions of Section 17 of the Advanced Fee Fraud Act precedent upon which the final forfeiture of the money could be made.
The judge also noted that the money was not claimed by Ezeoba or anyone else.
He held: “Having satisfied that such property is an unclaimed property, and also satisfying the provisions of the law, the Court shall order the final forfeiture of the said property.
“In this view, there is no other proof required to enable the Court make an order of final forfeiture; this application is meritorious and hereby granted.
“An order is hereby made for final forfeiture of the total sum of N1.825billion to the Federal Government of Nigeria.”
Madu had, on April 4, said Acquila Leasing Limited and Onwuchekwa were not opposed to the permanent forfeiture of the money.
He said his clients were not involved in any fraud, adding that Ezeoba, while giving them the money to buy shares for him, stated that the money was his savings over the years.
Madu had said, “The action of the first respondent is one of those actions that this country should commend. We do not oppose the application by the EFCC; our affidavit supports it, but we just want it to be noted that the respondent acted patriotically, in good faith and to its utmost best in the love of the fatherland.
“Also, the second respondent, who is the alter ego of the first respondent, was not in any way involved in this transaction. We want to commend the Economic and Financial Crimes Commission; they are doing a very diligent job.”
Reacting, the EFCC lawyer, Mr. Rotimi Oyedepo, had commended Madu for his conduct, which, he said “has been extremely commendable”.
Oyedepo said, “He is the first lawyer that I have seen who will ask his client to come to the EFCC’s office and say, ‘Tell them the truth.’
“We also commend his client for taking his legal advice.”
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