Ex Katsina Gov Shema asks court to vacate Forfeiture Order Against His Properties

Francesca Iwambe-Abuja
Ibrahim Shema, ex-Governor of Katsina state, has told the Abuja Division of the Federal High Court to vacate the forfeiture order grant to the Economic and Financial Crimes Commission, EFCC in respect of his 18 properties.

Justice Gabriel Kolawole had on November 1, 2017 granted an interim forfeiture order of 18 properties in Abuja, said to belong to the former governor.

However, Shema in a notice of preliminary objection filed through his lawyer, Akinlolu Kehinde,SAN, argued that the EFCC suppressed facts before obtaining the exparte order.

While praying the court to set aside the forfeiture order, Kehinde emphasised that the totality of the issue raised in the exparte motion is the same subject matter of a criminal charge filed by the EFCC before a Katsina High Court.

Kehinde submitted that the issues raised by the EFCC “is now a subject of appeal before the Supreme Court in suit No: SC/814c/2017, and coming up on November 8.

In addition, Shema’s counsel said the preliminary objection before Justice Kolawole is challenging the propriety of the exparte motion in view of the pendency of the appeal.
He noted that investigation into the alleged offences has been concluded, charges filed, plea taken and an appeal entered.

In an affidavit in support of the motion exparte, the EFCC averred that the seized assets are valued at over N86.2billion.

The EFCC lawyer, O.I Uket had told Justice Kolawole that it was imperative that the order he granted in order to preserve the assets pending the disposition of the criminal charges filed against the defendant.
Justice Kolawale, in his ruling said, the prayers which the applicant sought are provided for in the EFCC act.

In furtherance of the statutory mandate of the agency, the prayers sought according to the court “are to preserve the assets.

“It is of utmost importance to also seek the protection of the suspect. The applicant is an agency of government, it is in this regard that while it is important to aid the EFCC in its duty, the court is also mindful that the suspect is protected.

“It is my view to also grant the motion. This order shall operate pending when a criminal charge is formerly filed.
“The defendant can come before the court to challenge the order within seven days and ask the court to set the order aside.

Consequently, the court said the order shall remain extant until the case is disposed of but added that unless a formal application is brought to lift the order, it shall remain an interim order.