Court Hears EFCC’s Motion for Final Forfeiture of N228.4m
The Federal High Court in Abuja will on May 28, hear the Economic and Financial Crimes Commission (EFCC)’s motion seeking an order for final forfeiture of N228.4 million linked to former Governor of Abia, Theodore Orji.
Justice Emeka Nwite adjourned the matter to hear the motion after the EFCC’s counsel, Fadila Yusuf, informed the court that the agency had complied with the earlier order of court.
Upon resumed hearing, Justice Nwite asked Yusuf what was the position of the matter. The lawyer said that the matter was slated for report of compliance. She said: “I wish to state that we have complied by publishing the report” on the commission’s site and a newspaper as directed.
Yusuf, therefore, applied for a date to move their motion on notice for final forfeiture and the judge adjourned the matter until May 28 for motion. Justice Nwite had, on Feb. 13, adjourned proceedings in the forfeiture case until April 7 (today).
The adjournment followed the inability of the EFCC to publish the interim forfeiture order of the sum of over N228.4 million in the national dailies as directed.
The lawyer had hinged the delay on the inability of her office to access the order on time to enable them place the publication on their website and the newspaper.
Justice Nwite had, on Jan 3, granted an order of temporary freezing of the funds to the Federal Government on allegations of money laundering.
The judge, in that ruling on an ex-parte motion moved by Yusuf also directed the commission to make publication of the order on its website and Daily Trust Newspaper.
The judge directed that interested parties should show cause within 14 days of the publication of the order why the money should not be permanently forfeited to the Federal Government. Mr Orji also served as two-term senator representing Abia Central Senatorial District before his retirement from active politics.
The anti-graft agency had, in the motion ex-parte marked: FHC/ABJ/CS/03/V/2025, brought the suit pursuant to Section 44(2)b) of the 1999 Constitution (as amended) and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The motion dated Dec. 30, 2024 and filed Jan. 2 by Yusuf, was also brought under the inherent jurisdiction of the court.
The lawyer sought an order granting an interim freezing and forfeiture of the sum of N228, 497, 773. 12 domiciled with Keystone Bank set out in the schedule attached to the Federal Government of Nigeria.
The lawyer, in her five-ground argument, said the money described in the schedule was subject matter of investigation by the EFCC and found in the possession of Effdee Nigeria Ltd. She said it was reasonably suspected to be proceeds of unlawful activities.
“Effdee Nigeria Ltd is alleged to have conspired with others to defraud Abia State Government to wit: conspiracy, abuse of office, obtaining money by false pretence, money laundering and diversion of public funds.
“Effdee Nigeria Ltd, in whose possession the monies were found, is reasonably suspected to have conspired with Senator Theodore Ahamefule Orji, the former Governor of Abia State, some officials in the former governor’s administration and his family members,” she said.
Yusuf said they were being investigated by EFCC for the allegations following intelligence report received by the commission against Orji. According to her, there is need to preserve the monies pending investigation and/or prosecution.
The anti-graft agency had, on Feb 28, arraigned Orji and his son, Chinedum, a former Speaker of the State House of Assembly, and Dr Philip Nto, a former Commissioner for Finance, and others on alleged N47 billion fraud after NAN report.
The others are a government contractor, Obioma King, and a former Director of Finance in the state, Romanus Madu. The defendants, who pleaded not guilty, are facing a 16-count charge related to the alleged misappropriation of the funds. They were, however, admitted to N50 million bail. #Court Hears EFCC’s Motion for Final Forfeiture of N228.4m#
