The Federal High Court in Abuja has ordered the confiscation of multi-billion naira assets and investments belonging to Chukwunyere Nnabuoku, the convicted former acting Accountant-General of the Federation (AGoF), and directed their forfeiture to the Federal Government.
Court Ruling on Forfeiture Application
Justice James Omotosho delivered the ruling on a motion on notice filed by the Economic and Financial Crimes Commission (EFCC), stating that the application was meritorious. Citing previous Supreme Court decisions, the judge noted that in crimes such as money laundering, forfeiting the proceeds of crime is considered a natural consequence of conviction.
According to the judge, the Supreme Court decisions clearly establish that properties obtained with proceeds of crime are liable to forfeiture after a person has been convicted. The essence of this is to ensure that the convict derives no further benefits from such properties. The convict will not be allowed to enjoy those properties which are being sought to be forfeited.
Justice Omotosho observed that the convict's counsel raised issues regarding whether the matter is appealable and whether the forfeiture order should not be granted, arguing that the application amounts to an abuse of court process. However, the judge responded that the mere filing of a notice of appeal does not preclude the court from granting a final forfeiture of the said properties.
He explained that forfeiture in this instance is seen as part of the judgment, similar to sentencing handed down by the court. Where a person has been convicted and a notice of appeal has been filed, that would not preclude such a person from being sentenced, as sentencing usually follows conviction. The judge added that granting the forfeiture order does not disturb the likely outcome of the appeal.
On the issue of abuse of court process, Omotosho stated that the convict did not attach any court process showing that a final order of forfeiture had been granted or that an order of final forfeiture is being sought against the same properties and the same convict.
EFCC Arrests Energy Commission Director-General
In a related development, operatives of the EFCC have arrested the Director-General of the Energy Commission of Nigeria, Mustapha Abdullahi, over alleged money laundering offences involving more than N500 billion. Abdullahi was arrested in Abuja and is currently being held in the custody of the anti-graft agency for further investigation.
A source within the agency, who spoke on condition of anonymity, confirmed that Abdullahi was arrested in Abuja and is currently in custody. The source added that the alleged fraud under investigation involves funds estimated at N500 billion. Efforts to obtain confirmation from the EFCC spokesperson, Dele Oyewale, were unsuccessful as he could not be reached at the time of filing this report.
