The Federal High Court in Abuja on Thursday ordered the forfeiture of five additional properties linked to convicted former Minister of Power, Saleh Mamman.
Justice James Omotosho gave the order while ruling on an application filed by the Economic and Financial Crimes Commission, EFCC.
Justice Omotosho ordered the permanent forfeiture of Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2 on the grounds that the EFCC was able to establish in the course of the criminal trial, that Mamman acquired the said property with unlawfully acquired funds.
The judge, however, ordered the interim forfeiture of the other four properties.
The affected properties include Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent and New Estate, Unguwan Rimi, Kaduna State.
They also include a mansion at No. 11 Misratah Street, Wuse 2, Abuja, another mansion at No. 13 Misratah Street, Wuse 2, Abuja and A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
The judge held that the EFCC could not effectively establish that Mamman, who is currently serving his jail term of 75 years, acquired the properties or had interests in them.
He ordered the EFCC to publish the order of interim forfeiture in a national newspaper within seven days for interested parties to appear before the court to show cause why the four properties should not be finally forfeited to the Federal Government.
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Earlier, Justice Omotosho faulted the argument by Mamman’s lawyer, Femi Atteh SAN, that the court was functus officio, no longer has jurisdiction, after sentencing the ex-minister open his conviction.
The judge held that Section 321 of the Administration of Criminal Justice Act, ACJA, 2015, empowers the court to, after conviction, issue an order for restitution.
EFCC lawyer, Abba Mohammed, had, while arguing the motion, stated that, though the court had delivered judgement in the case and convicted Mamman, “the court is not functus officio and is empowered to proceed to hear the application.”
Mohammed said, in the judgment, the court found that the convict siphoned N22 billion as against the N33.8 billion contained in the charge preferred against the ex-minister.
He added that out of the N22 billion, which the court said the prosecution proved that the ex-minister diverted, the EFCC had only been able to recover less than N2 billion after the earlier forfeiture.
Justice Omotosho had, in the judgment in the criminal case, ordered the final forfeiture of the properties located in choice areas of Abuja and funds recovered in different currencies by the EFCC in the course of investigation.
The News Agency of Nigeria reports that the anti-graft agency prosecuted the ex-minister on alleged N33. 8 billion money laundering offences and was convicted in all the 12-count amended charge.
NAN
