The Federal High Court in Abuja, on Wednesday, granted ICPC’s request to temporarily take over the expanse land approved for the Goodluck Jonathan Legacy Model Housing Estate.
In 2012, the Federal Mortgage Bank of Nigeria (FMBN) obtained the federal government’s approval to embark on the intended low-income housing estate named after then-President Goodluck Jonathan.
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The judge, Mohammed Umar, granted the application after ICPC’s lawyer, Osuobeni Akponimisingha, moved the request contained in a motion ex parte.
Mr Umar held that the interim forfeiture of the multi-billion-naira asset would subsist till after the hearing and determination of the substantive suit.
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The News Agency of Nigeria (NAN) reports that the FMBN was said to have approved the land for the estate.
The Independent Corrupt Practices and other related offences Commission (ICPC) sued the FMBN as the sole respondent in the motion ex-parte seeking the forfeiture of the land.
The commission sought an order “temporarily forfeiting Plot No. 5 in Cadastral Zone D12, Kaba District, Abuja measuring approximately 122015.80 square meter” and valued at N1.9 billion (1,944,375,000).
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It also sought an order temporarily forfeiting Plot No. 4 in the same place measuring approximately 157198.30 square meters and valued at N3.34 billion (N3,340,500,000).
The ICPC said it suspected the plots of land to be proceeds of an unlawful activity.
It equally sought an order directing the commission to take over and secure the said the plots of land from being converted to personal use or sold off to unsuspecting members of the public.
It also asked the court to issue to it an order directing the publication of a notice in any national newspaper for interested person(s) to show cause why the assets should not be permanently forfeited to the Federal Government.
Giving 14 grounds why the application should be granted, the agency said the alleged assets were allocated by the Federal Capital Territory Administration (FCTA) freely for the construction of 962 residential housing units through the FMBN.
Why ICPC is seeking forfeiture
In the affidavit deposed to by an ICPC’s officer, Iliya Marcus, he stated that the commission received an intelligence report that the FMBN engaged a private developer to construct 962 of residential housing units under National Housing Fund Scheme.
According to him, the commission in its usual characteristics of proactiveness, launched a discreet preliminary investigation into the said intelligence report.
Mr Marcus said ICPC investigations revealed, among others, that the FMBN requested and got approval to commence construction of “Goodluck Jonathan Legacy Model Housing Estate” on 30 July 2012.
He said following the approval, a framework agreement between FMBN and Good Earth Power Nigeria Limited was entered on 27 January 2012.
He said sequel to the said framework agreement, the bank appointed a consultant for the project through a letter dated 1 February 2012.
He said the appointment of the consultant was to assist monitor the housing project on behalf of the FMBN to report milestones to enable the bank to pay the developer of the proposed estate.
He said investigation revealed that FMBN sought and obtained a loan facility of 65 million U.S. dollars from Ecobank Limited for the construction of the 962 residential housing units through Good Earth Power Nigeria Limited, a private company for the benefit of low-income earners.
He said the tenure of the project was for 18 months.
Mr Marcus said the FMBN, through the then managing director, paid to Good Earth Power Nigeria Limited the sum of N3,785,000,000.00 as drawdown on 22 November 2012.
He said the alleged sum of money was paid as drawdown without evidence of registration with Real Estate Developers Association by Good Earth Power Nigeria Limited as pre-condition for such payment.
“Investigation also revealed that the Federal Mortgage Bank of Nigeria has paid the full project amount of 65 million dollars to Good Earth Power Nigeria Limited without a single house on the project site,” he said.
He said though the FMBN was established by the federal government to provide affordable housing support for Nigerians, from actionable intelligence available to the commission, the property developer, Good Earth Power Nigeria Limited, was making clandestine moves to sell off the said immovable property to unsuspecting members of the public.
He said if this is done, it would be difficult to recover the plots of land from them.
The officer added that if the application was not granted, “the way the 65 million dollar was dissipated without anything to show for, the land will follow the same way.”
Hearing
When the matter was called on Wednesday, Mr Akponimisingha informed the court of the ex parte, seeking the interim forfeiture of the two plots of land.
According to the ICPC lawyer, the land in question was part of a massive housing project initiated during the administration of former President Goodluck Jonathan.
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He said the project was reportedly awarded to the developer, said to have received $65 million, equivalent to over N14 billion at the time, from FMBN.
The estate, he said, was to be named in honour of the former president.
Mr Akponimosin, however, told the court that no single house had been constructed on the land since the funds were disbursed.
He stated that the property, presently, now worth over ₦200 billion, and the promoters of the company, including some American nationals, had allegedly fled and remained unreachable.
He explained that though Good Earth Power Nigeria Limited is already facing trial before another judge of the Federal High Court in Abuja, James Omotosho, the forfeiture request was a separate matter aimed at securing the land for the benefit of Nigerians and FMBN.
He urged the court to grant the plea.
In his ruling, Mr Umar granted the interim forfeiture and questioned why the entire project sum was paid upfront without corresponding progress on the ground.
The judge subsequently adjourned the matter until 27 October for report of compliance.
(NAN)
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