Paris Club Refund: Court orders forfeiture of consultants’ N1.4bn to FG

A Federal High Court,Ikoyi, Lagos on Friday ordered the permanent forfeiture of N1. 44billion found in the bank accounts of three firms, which allegedly impersonated the consultants engaged by the Nigeria Governors’ Forum (NGF) to analyse the Paris/London Club loan refunds due to the states.
The Economic and Financial Crimes Commission (EFCC), obtained the forfeiture order on Friday, insisting that the defendants obtained N3.5 billion from the Nigeria Governors’ Forum (NGF), by making false claims.
Also sued as defendants in the final forfeiture application were: Melrose General Services Limited, WASP Networks Limited and Thebe Wellness Services.
The respondents were accused of impersonating a consortium of consulting firms engaged by the NGF for the “verification, reconciliation and recovery of over-deductions on Paris and London Club Loans on the accounts of states and local governments between 1995 and 2002.”
The EFCC said the original firms engaged by the governors’ forum were GSCL Consulting and Bizplus Consulting Services Limited.
But an investigator with the EFCC, Usman Zakari, said the alter ego of the first defendant, Melrose General Services Limited, Robert Mbonu, made a false representation to the NGF, causing the Forum to pay N3.5 billion to his company on December 14, 2016.
Zakari said the money was credited into the Access Bank account of Melrose General Services Limited, adding that the respondents dissipated and laundered about N2.3billion out of the money between December 15, 2016, and January 20, 2017, leaving a balance of N1.2 billion.
The investigator also stated that his agency had recovered N220m out of the laundered sum from the second and third respondents.
The EFCC had on October 13, 2017 obtained an interim order from Justice Mojisola Olatoregun, placing a “Post No Debit” order on the accounts containing the N1.2bn and N220m.
The judge had made the order following plea by lawyer to the EFCC, Ekene Iheanacho, who said it would best serve the interest of justice for the respondents to be ordered to forfeit the N1.4bn temporarily to prevent them from dissipating same.
The judge, after granting the interim freezing order last year, directed the EFCC to publish the order in a national daily.
She gave anyone interested in the funds 14 days to appear before her to show cause why the funds should not be forfeited permanently.
Subsequently, one Prince Godwin Maduka and Linas International Limited showed up before the court, praying separately that the funds should be forfeited to them.
Maduka claimed that his firm, Udemgaba Maduka & Associates, had been engaged in 2011 as a consultant by Zamfara State Government to help the state recover some hanging funds, with an agreement that it would be paid 20 per cent of the recovered funds.
He urged the court to forfeit the N1.4 billion to his company to cover Zamfara State’s alleged indebtedness to him.
In opposition, EFCC contended that the suit was not a debt recovery suit and that Zamfara State was not a party to the suit.
Justice Olatoregun upheld the EFCC’s argument and dismissed Maduka’s claims.
On its own part, Linas International Limited said it was entitled to the payment of $6m from Nigeria Governors’ Forum.
But Justice Olatoregun equally dismissed its claim, holding that the suit was not a debt recovery suit.
Having dismissed both claims, the judge ordered the permanent forfeiture of the N1.442, 384, 857.84 billion to the Federal Government.