Court orders Army General to forfeit N426.7m to FG

A Federal High Court, Ikoyi, Lagos on Friday, ordered the final forfeiture of N426.7 million belonging to retired Brig. Gen. John Onimisi Ozigi to the federal government.

Justice Muslim Hassan, who made the order following a motion on notice seeking final forfeiture of the funds, said that the respondent failed to satisfy the court with concrete evidence why the monies suspected to be proceed of unlawful activities should not be forfeited to the federal government.

The judge said: “The application has met the conditions stipulated in Section 17 of the Advanced Fee Fraud and related offences Act.

“The application is meritorious and it is hereby, granted as prayed.”

The application was filed by counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Nkereuwem Anana.

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Joined as respondents in the suit are Ozigi and a company, Diamond Head Ventures and Development Company Limited.

Justice Hassan had earlier issued an interim order for forfeiture of the funds, following an ex-parte application filed by the EFCC.

He had then ordered interested parties to appear and show cause why the interim order should not be made permanent.

In March, the EFCC argued its application for final forfeiture of the funds on the grounds that they were reasonably suspected to be proceeds of unlawful activities.

The court had then adjourned the case until April 6, for judgement.

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Meanwhile, following the COVID-19 pandemic, judgment could not be delivered and counsel were informed of a new date.

In the suit numbered FHC/L/CS/1094/18, the anti-graft agency had prayed for an order, finally forfeiting to the federal government, the N426.7 million found in the account of the respondent.

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The EFCC in an affidavit deposed to by one of its operatives, Clever Ibrahim, stated that the first respondent is an officer of the Nigerian Army, while the second respondent is a business name owned and incorporated by the first respondent under the law of Nigeria.

The deponent also stated that the first respondent is a salary earner and a public officer under the rank of a brigadier- general with an estimated salary of about N750. 000 per month.

He also stated that information revealed that monies have been found in accounts opened In the name of the first and second respondents that is not reasonably justifiable and commensurate with the first respondent’s legitimate income.

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According to the commission, the funds are reasonably suspected to be proceeds of crime.

He averred that when the first respondent was confronted with respect to the funds in the accounts, he made a statement to the commission.

In the said statement, he said the respondent had indicated willingness to refund the money to the federal government, adding that the said statement was attached as exhibit EFCC 3.

He had argued that the order if made, will serve the course of justice, as same is sought in good faith and in accordance with the Oaths Act.