Ex-perm sec to forfeit N664m, $137,680.11 to FG

A Federal High Court in Lagos on Tuesday ordered a former permanent secretary in the Ministry of labour and Productivity, Dr Clement Illoh Onubuogo, to permanently forfeit $137, 680 and N664 million to the Federal Government.

Justice Saliu Seidu granted the order at the resumed trial of the former permanent secretary alleged to have been involved in the Sure – P scam.

When the matter came up on Tuesday, lawyer to Onubuogo, Mr. T. S. Awana, informed the court that his client has two applications, one challenging the jurisdiction of the court and the other for discharge of the earlier order of the court granting the interim forfeiture of the properties in question.

Awana however, added that since the case was a civil matter and sequel to the discussion between his client and the EFCC on the need to settle out of court, he would be withdrawing the two applications.

Lawyer to the Economic and Financial Crimes Commission, EFCC, Mr Rotimi Oyedepo, in his submission, confirmed the move to settle the matter out of court and stated that he will not be opposing the withdrawals of the two motions by the defendant. He also urged the court to strike out the motions for the coast to be clear for out of court settlement.

While making further submission Oyedepo told the court that based on the discussion and agreement reached between the parties, EFCC would be applying for the discharge of an earlier interim order of the court as regards two of the properties being sought to be forfeited to the government.

The properties are Clement Illoh’s Mansion located at Ikom Quarters, Issala Azegba, Delta State and the property lying and situates at number 19 Madue Nwafor Street off Achala Ibuzor Road, Asaba Delta State.

He then urged the court to discharge the earlier order of the court as regards the two properties only.

Awana did not oppose the application which pave the way for EFCC to move the motion for the final forfeiture of the other properties said to have been suspected to be proceeds of illegal act.

In moving the application for final forfeiture of the properties, Oyedepo told the court that since the defendant has withdrawn his counter affidavit, the prosecution is left with no option than to move the motion for final forfeiture of the properties.

He said, “In view of the discussion with the defendant, we want to move the motion dated 5th of September, 2017 wherein we are seeking the final forfeiture of the properties listed in prayers 1,2,3 and 4.’

Oyedepo said the motion was brought pursuant to section 17 of the Advance Fee Fraud and other Related Offences Act number 14, 2014.

The prosecution said the application for final forfeiture is supported with nine paragraphs affidavit and two exhibits, saying that, “We also filed a written address in support of the motion as their argument in support of the motion”.

The EFCC’s lawyer therefore urged the court to grant his client’s application for the final forfeiture of the properties as contained in prayers 1,2,3 and 4 in the face of the motion papers.

The application was not opposed by the defendant

Justice Saliu Saidu thereafter granted the application ordering Onuogo to forfeit N437,348,181.16 found by EFCC in his possession which sum is reasonably suspected to be proceeds of unlawful activity.

The court also ordered the final forfeiture of another N97,300.613.44 found by the commission in Onuogo’s account.

The former permanent secretary was also ordered to forfeit another sum of N129,826,452.00 found by the commission in possession of Salisu Bala Kura, John Isakwa Kanku, Ahmed Mahmud Muazu, Muktar Safian, Udoh Nnamdi, Umar Bello Mashi, Salogu Karo, Usman Bello, Ahmed Mohammed Makki, Umar Abubakar, Aliyu Abubakar and Enape Victoria.

Onubuogo was also ordered to forfeit to the Federal Government the sum of $137, 680.11

The Daily Times recalls that the EFCC had on Monday, April 3, 2017 arraigned Clement Illoh, before Justice Babs O. Kuewumi of the Federal High Court, Lagos on a three-count charge of alleged failure to declare his assets.

The accused person allegedly failed to disclose the sum of N97.34million found in his account .

He also allegedly warehoused the sum of $139, 575. 50 and £10, 121.52, respectively in his account.

According to the EFCC, the offences are contrary to Sections 23(3)(c) of the Financial Crimes Commission (Establish) Act .

But the accused person had pleaded not guilty to the charges when they were read to him.

In view of his plea, the prosecuting lawyer Oyedepo asked the court for a trial date.
But the the defence lawyer, Tom Awhana, pleaded with the court to grant his client bail on liberal terms.

Consequently, Justice Kuewumi granted the accused bail in the sum of N50 million with one surety in like sum.

Peter Fowoyo