Acting EFCC Chairman Ibrahim Magu |
A Federal High Court in Abuja has ordered the Economic and
Financial Crimes Commission (EFCC) to immediately release two seized London
properties belonging to the Chief Executive Officer of Aiteo Group, Mr.
Benedict Peters on the grounds that the said properties legitimately belong to
him.
A Federal High Court in Abuja has ordered the Economic and Financial Crimes
Commission (EFCC) to immediately release two seized London properties belonging
to the Chief Executive Officer of Aiteo Group, Mr. Benedict Peters on the
grounds that the said properties legitimately belong to him.
The court vacated the interim order of forfeiture on the two choice
properties granted the anti-graft agency in June 2016, on the allegations that
they were proceeds of unlawful deals.
The two properties are Flat 5, Parkview, 83-86 Prince Albert Road and Flat
58 Harley House, Marylebone Road, both in London.
Delivering ruling on Friday, in a motion on notice, filed by the businessman
to challenge the forfeiture of the two houses to the Federal government,
Justice Binta Nyako, held that the EFCC obtained the interim order in error by
suppressing and misrepresenting facts on the ownership of the two properties.
The judge agreed that the anti-graft agency in its ex-parte application
which led to the granting of order of forfeiture of the two properties to the
Federal government misled the court in the claim that the ownership of the
London houses was traced to a former Petroleum Minister, Mrs Allison Dieziani
Madueke.
Justice Nyako, in the judgment agreed that Benedict Peters had successfully
established his legitimate ownership of the properties in another judgment delivered
on December 5, 2017, by a High Court of the Federal Capital Territory.
The court said that the businessman suit marked: FCT/HC/ CV/0093/17
instituted against the EFCC had clearly established that the properties were
legitimately acquired by the Aiteo Chief Executive, contrary to the claim of
the antigraft agency.
Justice Nyako, held that since the judgment of the Abuja High Court which
established the ownership of the two London houses, upon production of
documentary evidence was not challenged or appealed against by the EFCC, he has
no option than to vacate and discharge the earlier order of his court that the
two properties be temporarily forfeited to the Federal government.
The court said that the businessman suit marked: FCT/HC/ CV/0093/17
instituted against the EFCC had clearly established that the properties were
legitimately acquired by the Aiteo Chief Executive, contrary to the claim of
the antigraft agency.
Justice Nyako, held that since the judgment of the Abuja High Court which
established the ownership of the two London houses, upon production of
documentary evidence was not challenged or appealed against by the EFCC, he has
no option than to vacate and discharge the earlier order of his court that the
two properties be temporarily forfeited to the Federal government.
The businessman, who tendered the judgment of the Abuja High Court delivered
last year, in his favour had prayed Justice Nyako to vacate, discharge and set
aside the interim order of forfeiture on his properties granted in favour of
the Federal government.
He complained to the court that mandatory
conditions precedent to the grant of the interim order of forfeiture was not
complied with and that due process of law was not followed in obtaining the
interim order of forfeiture by EFCC
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