The forfeiture order
followed a motion on notice for an order of final forfeiture pursuant to
Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No.
14, 2006, Section 44(2) B of the Constitution of the Federal Republic of
Nigeria filed by the EFCC.
The EFCC, in an
eight-paragraph affidavit deposed to by Huleji Abraham Tukura, an operative of
the Commission, in support of its ex-parte
application, had told a former trial judge, Justice Abdulaziz Anka, that
Onubuogo, who was responsible for the supervision of the SURE-P Technical
and Vocational Educational Training, Community Service, Women and Youth
Empowerment programme under his Ministry, had allegedly diverted the funds
meant for the programme to his personal use.
The EFCC
investigator had also said that Onubuogo allegedly used his position as
Permanent Secretary to award fictitious and fraudulent contracts to his
company, Clement & Bob Associate, where he is a director and sole signatory
to the account in Zenith Bank with account number 1013449507.
Tukura had further
said that Onubuogo, through the fictitious and fraudulent contracts, enriched
himself to the tune of N94, 829, 845.0, which was meant for Sure-P Technical
Training programme.
He had added that
Onubuogo also used his position to receive kick back/gratification from the
various contractors under the SURE-P programme, using his staff and front
companies.
Tukura had said that
Onubuogo “made cash payment into Clement & Bob Associate Account Number
1013449507 domiciled in Zenith Bank using fictitious names to the tune of N81,
110,250.00.
“He also received
the total sum of $600,000.00 USD proceeds of unlawful activity, which he
converted to N103, 200,000.00 and paid into the Clement & Bob Associate
Account Number 1013449507 domiciled in Zenith Bank using fictitious names and accounts.
“He also awarded a
contract to one of his companies, Ojeagu Farms Limited, where he is a director
and sole signatory to the account in Zenith Bank with Account Number
1014100968.”
The Commission
had, however, told the court that it had recovered the sum of N129,
826, 452.00 from a number of staff who worked with Onubuogo and received the
said sum as kickbacks and gratification.
The sum of N118,
240,085.56 was also said to have been recovered from the respondent, which he
could not account for.
In his ruling on the
application on Thursday, August 17, 2017, Justice Anka had granted the interim forfeiture of the sums of
money as well as the assets to the Federal Government.
The court had also
directed the EFCC to publish the forfeiture order in a national newspaper.
The case had
been adjourned to September 6, 2017 for anyone interested in the funds and
assets to show cause why they should not be permanently forfeited to the
Federal Government.
However, at the
resumed hearing January 9, the defence counsel, T.S. Awana, told
the court that he had two pending applications, one challenging the
jurisdiction of the court to hear the matter and another one seeking to
set aside the interim forfeiture order earlier granted by Justice Anka, who has
since been transferred.
Awana further told
the court that he had met with the prosecution counsel, Rotimi Oyedepo, on how
to “settle the matter out of court.”
He, therefore, moved
an application to withdraw the application “based on his discussion with the
prosecution counsel.”
Oyedepo did not oppose the application by the
defence counsel but urged the court to strike out the two motions filed by the
defence in order “for the coast to be clear on what they are doing.”
The prosecution’s
prayer was granted by the court.
Consequently,
Oyedepo moved a motion on notice dated September 5, 2017 seeking “an order of
final forfeiture to the Federal Government of Nigeria the sum of N437, 348,
181.16(Four Hundred and Thirty- Seven Million, Three Hundred and Forty- Eight
Thousand, One Hundred and Eighty- One Naira, Sixteen Kobo) found by the
Commission in possession of the Respondent, which sum is reasonably suspected
to be proceeds of unlawful activity.”
In the motion, which was supported
by a nine-paragraph affidavit, the prosecution also sought an order of final
forfeiture to the Federal Government the total sum of N97, 300,
613.44(Ninety-Seven Million, Three Hundred Thousand, Six Hundred and Thirteen
Naira, Forty- four Kobo) found by the Commission in the respondent’s account
No. 3033750243 domiciled with First Bank of Nigeria Plc, which sum is
reasonably suspected to be proceeds of unlawful activities.
The prosecution also
sought an order of final forfeiture to the Federal Government the sum of
$137, 680.11( One Hundred and Thirty- Seven Thousand , Six Hundred and
Eighty United States Dollars, Eleven Cent) found by the Commission in the
respondent’s account No. 201762246 domiciled with First Bank Plc , which sum is
reasonably suspected to be proceeds of unlawful activities.
However, the
prosecution withdrew its prayer seeking an order of final forfeiture of two
property belonging to the respondent situated at Ikom Quarters, Issala-Azegba,
Delta State as well as another property situated at 19, Madue Nwafor Street,
Off Achala Ibuzo Road, Azaba, Delta State.
In his ruling,
Justice Saidu granted the prosecution’s prayers for the final forfeiture of the
sums of money belonging to the former Permanent Secretary.
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