NIMASA staff forfeit N11m cash, property to FG

Court

Justice Sule Hassan sitting at the Federal High Court, Lagos, Thursday, ordered final forfeiture of N11.04 million, and some landed property, belonging to Captain Olotu Olumuyiwa Morakinyo, Captain Ebony Emmanuel Aneke and Lakewood Garden Ventures Limited to the Federal Government of Nigeria.
The court gave the order of final forfeiture, sequel to an filed and argued by lawyer to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo. 

Granting the final forfeiture of the money and properties, Justice Hassan held that “It is hereby ordered that all the properties and the sum of N 11.04 million, belonging to Captain Olotu Olumuyiwa Morakinyo, Captain Ebony Emmanuel Aneke and Lakewood Garden Ventures Limited, be permanently forfeited to the Federal Government of Nigeria, been a proceed of unlawful activities reasonably suspected by the applicant.”
Justice Hassan said he granted the final order of forfeiture reiterating that in view of the EFCC’s total compliance with the section 17 of the advanced free fraud and related offences Act (2004) and all the averment contained in 38 paragraph affidavit deposed to by Idris Adamu, an operative of EFCC which are not controverted by way of counter affidavit.
The EFCC in a 38-paragraph affidavit deposed to by one of its operatives, Idris Adamu, had sought an interim order of the court forfeiting to the Federal Government a three- bedroom terrace duplex at Lekki Gardens Limited Estate, Phase IV, Lekki-Ajah, Lagos recovered by the commission from the first respondent.
The anti-graft agency had also sought an order forfeiting to the Federal Government another five-bedroom duplex at Lekki, Lagos State recovered by it from the second respondent; and an order of the court forfeiting to the Federal Government the sum of N11.04 million, recovered from the third respondent, for being proceeds of unlawful activities.
The court had on Wednesday, March 28, 2018, ordered temporary forfeiture of the said money and property following an exparte application brought before the court by the EFCC.
Granting the exparte application, Justice Hassan, had ordered that whoever that has interest in the said money and landed property should appear before the court within 14 days, and show cause why the money should not be permanently forfeited to the Federal government of Nigeria.
The court had also directed the EFCC to publish the order in a national newspaper.
At the resumed hearing of the matter on Thursday, EFCC’s lawyer, Oyedepo, told the court that the first respondent in the suit, Morakinyo, served as Maritime Guard Commander, NIMASA from January to September 2013 while the second respondent, Aneke, served as NIMASA’s Maritime Guard Commander, from September 2013 to December 2014.
Oyedepo also told the court that the third respondent, Lakewood Garden Ventures, is a company jointly owned by the second respondent and his sister, Jimmie Aneke.
Oyedepo told the court that the EFCC had launched investigation into the activities of the respondents, who were posted to NIMASA as Maritime Guard Commanders between September 2011 and September 2015 after receiving  intelligence  report of a case of conspiracy,  stealing and money laundering against them.
Oyedepo, told the court that following the court’s directives that the order of interim forfeiture made on March 28, 2018 be published in a national newspaper; the order has being published in the Nation newspaper of Thursday, April 19, 2018.

He also informed the court that the first and second respondents had been served the motion on notice and that they acknowledged service.
“The respondents were also informed that the case would be going on today but they made no mention of their supposed absence in court today,” Oyedepo said.

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