The Federal High Court in Abuja has ordered the permanent forfeiture of one property and the interim forfeiture of four others linked to former Minister of Power Saleh Mamman, who is serving a 75-year prison sentence for corruption.
Judge James Omotosho made the orders in a ruling on applications filed by the Economic and Financial Crimes Commission (EFCC).
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EFCC announced in a statement posted on its official X account on Monday that the judge gave the forfeiture orders on Thursday.
The permanently forfeited property is Walijam Apartments, located at Plot 435, No. 43 Lobito Crescent, Wuse 2, Abuja.
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The other properties placed under interim forfeiture according to EFCC include Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
The rest are a mansion at No. 11 Misratah Street, Wuse 2, Abuja, No.13 Misratah Street, Wuse 2, Abuja; and A.U.A Plaza on Plot 734 Kade Street, Wuse 2, Abuja.
In his ruling on the final forfeiture application, Judge Omotosho held that the EFCC established that Walijam Apartments was acquired with proceeds of unlawful activities.
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Background
The latest forfeiture orders add to a slew of assets linked to Mr Mamman which the court earlier ordered forfeited to the federal government following Mr Mamman’s conviction on corruption and money laundering charges involving N33.8 billion.
PREMIUM TIMES reported that Judge Omotosho convicted the former minister on all 12 counts on 7 May and, on 13 May, sentenced him to a combined 75 years in prison. The judge also ordered him to refund N22 billion the EFCC traced to him and directed the forfeiture of assets recovered during the investigation.
However, the EFCC later returned to court, arguing that the assets and funds recovered from Mr Mamman were worth less than N2 billion, leaving a substantial shortfall in the N22 billion the court ordered him to repay.
The anti-graft agency therefore sought the forfeiture of five additional properties, arguing that investigations showed they were acquired with proceeds of unlawful activities.
According to the commission, the application was necessary to recover part of the outstanding proceeds of crime linked to the former minister and enforce the court’s earlier restitution order.
READ ALSO: UPDATED: Court jails ex-minister Saleh Mamman for 75 years over power project fraud
However, Mr Mamman’s lawyer, Femi Atteh, a Senior Advocate of Nigeria (SAN), opposed the application when it came up for hearing on 24 June.
He argued that the court had become functus officio after delivering judgement and no longer had jurisdiction to entertain the forfeiture request.
He also informed the court that his client had appealed both his conviction and sentence, maintaining that any fresh forfeiture proceedings should be commenced through a separate action.
The EFCC disagreed, arguing that the court retained jurisdiction because the properties were allegedly linked to the offences for which Mr Mamman was convicted. The commission maintained that the application formed part of efforts to recover the outstanding proceeds of crime.
After hearing both parties, Judge Omotosho set 2 July (Thursday) for ruling.
In the ruling delivered on Thursday, the judge permanently forfeited Walijam Apartments after finding that it was acquired with proceeds of unlawful activities.
He also ordered the interim forfeiture of the four other properties and directed the EFCC to publish the interim forfeiture order in a national newspaper within seven days to allow anyone with an interest in the properties to appear before the court and show cause why they should not also be permanently forfeited to the federal government, the statement noted.
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