N28.5m houses: Lagos finance director knows fate Jan 31

A director of finance in the Lagos State Department of Public Works Corporation Anifowose Muhammed Jamiu Alade, will know whether he would finally forfeit the sum of N28.5million found in his account and some houses on January 31, as the Federal High Court, Ikoyi, has fixed the day for ruling.

Also, the court will determine whether to return the money to the government or the federal government.

Justice Rilwan Aikawa, Tuesday fixed January 31, 2018 after the court listened to all parties in the matter.

The Judge had on December 7, 2017 ordered that the sum of N28.5 million, found in the account of Alade, be temporarily forfeited to the Federal Government, for being proceeds of unlawful activities.

He made the order while granting an Ex-parte application filed before the court by the lawyers to the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, and argued by Muhammad Idris, against the Director.

Apart from the said sum, the judge also ordered that six flats of three bedroom, another six flats of two bedroom, and six flats of 1 bedroom, located at Adewale Osiyeku Street, Offin-Ile Igbogbo-Ikorodu, Lagos: and four flats of three Bedroom duplex, located at 6, Tunde Gabby Close, Dopemu Area Pako Bus Stop Agege, Lagos, belonging to the Director of Account, be temporarily forfeited to the Federal Government.

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The court also ordered interim forfeiture of a semi-detached three bedroom flat, and one unit of three bedroom terrace at Cranbel Court, Citiview Estate Arepo, Ogun State, and a plot of land situated at Queen’s Garden Estate off Lagos-Ibadan Expressway, to the Federal Government, for also being proceeds of unlawful activities.

The judge however, ordered the EFCC to publish the order granted in a National newspaper notifying the respondent in whose possession the properties sought to be forfeited are found and recovered to appear before the Court and show cause within 14 days why the properties should not be forfeited to the Federal Government.

At the resumed hearing of the matter Tuesday, lawyer to the Director, Mr. Wole Okeniile argued that EFCC has not been able to proof their allegations, pointing out that he who alleges must proof with fact and not “reasonable suspected” as it was used in their ex-parte.

Okeniile further stated that the land of the property which the EFCC seek to be forfeited to the Federal Government was purchased in the year 2000, at N50, 000, saying that it is for the EFCC to proof that such property was acquired with proceeds of unlawful activities.

He also submitted that the EFCC must able to proof the allegation that the sum of N106.095 million and N223 million to the Director’s account, or Maj Anny International Limited’s account.

He said the body of proof is on the EFCC to show that the properties sought to be forfeited to the Federal Government is discharged, not for the EFCC dumping the documents on the court.

He therefore urged the court to discountenance EFCC application against his client, and dismiss same accordingly.

Also appearing in the matter, was Mr. Saheed Quadri, a Director of Civil Litigation, Lagos State Ministry of Justice, who urged the court to forfeit the properties sought to be forfeited to the Lagos State Government and not to the Federal Government, saying that it was the funds of Lagos state that were allegedly diverted.

Responding , Rotimi Oyedepo, said in view of the failure of the respondents to file a counter affidavit on why the said sum and properties should not be forfeited to Federal Government, all facts deposed to in support of their motion had deem to have been admitted by the respondent.

He therefore urged the court to grant the application for the final forfeiture of the sum and the properties.

On the submission of the lawyer to the Lagos state Government, Oyedepo pleaded with the court to forfeit the said sum and properties to the Federal Government, saying that the State and Federal Government will know how to settle it among themselves.

Peter Fowoyo