Diezani Losses Port – Harcourt’s properties to FG

Peter Fowoyo, Lagos

A Federal High Court, Ikoyi, Lagos on Tuesday ordered the final forfeiture of a property linked to the former Minister of Petroleum, Dr. Diezani Allison Madueke to the federal government.

Justice Austin Chuka Obiozor, made the order of final forfeiture of the said property situated at Port Harcourt, Rivers state while granting an application brought before him to that effect by the Economic and Financial Crimes Commission (EFCC).

The said property is located at Plot 9, Azikiwe Road, Old GRA, Port Harcourt and UAC property, Force Avenue, Port-Harcourt, Rivers state.

Justice Obiozor had on April 14 granted an interim forfeiture of the said property, after he granted the EFCC ex parte application.

The court had ordered the EFCC to publish the said order in a national newspaper for Diezani or any other interested party or persons to show cause why the property should not be finally forfeited to the federal government.

At the resumed hearing, EFCCcounsel, Ebuka Okongwu, informed the court that the said interim order has been published in The Nation newspaper of April 15, adding that nobody or party has filed any counter-application.

He also told the court that the application for the final forfeiture of the said property to the federal government was pursuant to Section 17 of the Advance Fee Fraud Act and therefore, urged the court to grant the application.

However, Donald Amangbo and Sequoyah Properties Limited, who are the second and third respondents in the suit respectively, filed a counter -application through their lawyer, but told the court that they are not opposing the application for final forfeiture of the property.

The lawyer however, informed the court that he has filed a counter-affidavit dated June 7 without any exhibit and written addresses to the application.

However, Justice Obiozor held that “sequel to the order of interim forfeiture of order granted in consistence with the Section 17 of the Advance Fee Fraud Act, 2014, the court directed the applicant to publish the order in a national newspaper, especially in Port-Harcourt and Lagos, the idea is to afford any party fair hearing.

“I see that the order is complied with in the applicant’s exhibit EFCC 22, attached with the motion on notice for final forfeiture.

I also know that by the consequence of the publication, the second and third respondents filed a counter, showing that they are only concerned but not opposed to the final forfeiture of the properties.

“In the absence of no any counter from the respondents, I have no reason not to grant this application.

Upon careful appraisal of the applicant’s motion on notice for final forfeiture before me, I found that the properties of the respondents constitute proceeds of unlawful act.

“The second and third respondents are not challenging the application and the first respondent opted out of the proceeding.

The applicant (EFCC) has discharged the burden of prove on it, consequently, the prayer of the applicant succeeds.”