Army, Gen. Otiki lay claim to forfeited N136m

Former General Officer Commanding (GOC), 8 Division of the Nigerian Army, Sokoto, Maj. Gen. Hakeem Otiki and his employer the Nigerian Army on Monday laid claim to the $376, 120 (N136, 155, 440) that was forfeited to the federal government  on January 22.

Justice Ijeoma Ojukwu on the said date had issued the interim forfeiture order upon an ex-parte application with suit number FHC/ABJ/CS/1380/20 by the Economic and Financial Crimes Commission (EFCC).

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The judge also granted the anti-graft agency’s prayers and directed that the order for forfeiture be published within 14 days for any person who is found in possession of the money or any person who had any interest to show cause within 14 days while the final forfeiture order should not be made absolute.

At the resumed hearing on Monday, counsel to the EFCC, Ekele Iheanacho, told the court that the matter was for report of compliance with the order of the court. 

“We have duly complied with the court order by publishing the interim forfeiture order in Leadership Newspaper and we have filed affidavit of compliance to that effect,” he said.

However, counsel to Otiki, Olalekan Ojo (SAN) informed the court that his client filed a motion to be joined on February 5 as well as affidavit to show cause.

In the affidavit to show cause, deposed to by one Otiki Kaltume Asabe, parties interested include Karama Bureau De Change, Maj. Gen. H.O. Otiki, Otiki Kudirat, Otiki Kaltume Asabe, Otiki Zainab, Otiki Abdul and Danest Nigeria Limited as first to seventh interested parties respectively.

Asabe in the affidavit said she was a shareholder and a member of the board of directors of Karama Bereau De Change Limited and Danest Nigeria Limited.

She said she has the consent and authority and permission of the other interested parties who were fellow shareholders and directors to depose to the affidavit.

Asabe said that the $376, 120 seized by the EFCC from a Kaduna-based Bureau De Change operator and a business associate, Aliyu Ado and his son, Aliyu, was partly the business capital of the first interested party and the seventh interested party, as well as partly the personal funds of Maj. Gen. Otiki given to the said Aliyu Ado for the purpose of carrying out the main business of the first interested party.

She said contrary to the claim by the EFCC that the money was part of proceeds of fraud, the fund is the joint property of all the interested parties, having been pooled together from the legitimate incomes of the second interested party and other shareholders and the business capital of first interested party. 

Asabe insisted that the interim forfeited money was not proceeds of any illegal activity as alleged by the EFCC.

Also, counsel to the Nigerian Army, Saleh Abdulaziz, told the court that the said money belonged to his client.

In an affidavit to show cause deposed to by Master Warrant Officer, one Mwo Joseph, he said the army was recovering monies and properties of the 8 Division from all the parties involved in the theft and embezzling of funds of the division and that Otiki was among the suspects.

Joseph said Otiki assumed duty as GOC of 8 Division on March 23, 2019 and he received all notices of cash payments or deposits from the Nigerian Army Finance Corp, Army Headquarters and directed for their disbursements and movement within the division.

“That I know that as a fact from my investigations that the $376, 120 which the EFCC seeks to be forfeited to the federal government is part of the money released to the officer as the GOC of 8 Division of the Nigerian Army which same was converted into dollars by Ado Aliyu for the officer.

“That from our investigations and from the officer’s statement in paragraph No 7 and 14 of his statement (see exhibit NA7 above), Alh Aliyu only received a part of the money that was deposited in the officer’s house on July 11, 2019.

“That I know as a fact that the Nigerian Army is desirous of collecting all its money siphoned, stolen or embezzled and misappropriated from the officer,” he said.

When Justice Ojukwu asked if EFCC has been served, Iheanacho acknowledged receipt of the applications. Consequently, she granted the applications for joinder and adjourned the matter till April 9 for hearing.