EFCC, cleric disagree over forfeited N70m Abuja house as court adjourns for ruling
The Economic and Financial Crimes Commission (EFCC) and a cleric, Mr Nuhu Muhammed, on Wednesday disagreed over the genuine owner of the recently forfeited N70 million Abuja property.
EFCC counsel, Martha Babatunde, prayed Justice James Omotosho to dismiss the motion filed by Muhammed seeking an order setting aside the order of final forfeiture made on Feb. 18.
Muhammed’s lawyer, Mike Enahoro-Ebah, while adopting his processes, told the court that his client was the bonafide owner of the property.
Enahoro-Ebah argued that the cleric’s fundamental right to fair hearing was breached in granting the order.
The lawyer accused the commission of procedural irregularity, concealment of truth and misrepresentation of facts.
He, therefore, urged the court to order the EFCC to release forthwith to his client all the documents seized from him in respect of the property.
But the anti-graft agency’s counsel, Babatunde, vehemently opposed Enahoro-Ebah’s application.
She said the judge, on Feb. 18, made an order for final forfeiture of the property located at No. 12, 5th Avenue, 59 Crescent, Gwarimpa in Abuja, to the Federal Government, after the commission complied with earlier order.
She said the court, on Jan. 13, granted the ex-parte interim order of forfeiture in respect of the property upon the commission’s application.
The lawyer said the order was published on Jan. 23 in a national daily in accordance with the order of the court for any person to show cause why the property should not be permanently forfeited to the Federal Government.
She said no person approached the court to challenge the interim order within the time frame given by the court.
Babatunde, who described Muhammed’s application as baseless, said the property, comprising one unit of 4 bedroom detached bungalow with pent house and two-room boys quarters, was reasonably suspected to be proceeds of unlawful activities.
She, therefore, urged the court to dismiss the cleric’s motion.
Justice Omotosho adjourned the matter until May 28 for ruling.
The News Agency of Nigeria (NAN) reports that the EFCC had, in the motion on notice marked: FHC/ABJ/CS/2431/2025, sought an order for the final forfeiture of the property.
An EFCC’s investigator, Alozie Andrew, in the affidavit he deposed to, averted that a petition was received from the Anti-Corruption Network regarding the property.
He said on receipt of the petition, it was assigned to his team for discreet investigation.
The investigator said the N70 million used in the purchase of the property was traced to the Kogi State internally Generated Revenue Service (KGIRS).
He said that Sen. Oseni Yakubu, while serving as the Chairman of KGIRS approved payments to Bespoque Business Solutions Ltd to which he was the sole signatory.
Andrew alleged that Yakubu directed that the sum of N70 million he received as kickback from the consultant, be applied to purchase the said property.
The officer averred that the funds, received as a kickback by Yakubu, was paid to EFAB Properties Ltd in two tranches of N25 million and N45 million.
But Muhammed, in the affidavit he deposed to, said Sen. Yakubu was appointed as the chairman of Kogi Internally Generated Revenue Service (KGIRS) as a result of his sincere, earnest and effectual fervent prayers.
The cleric said the appointment was also as a result of separate acts of devotion, costly offerings, sacrifices and obligatory vow fulfilment, all to Yakubu’s acknowledgement and approval.
He said in fulfilling his vow, Yakubu offered to pay him in 2017 for his services and asked how the payment should be effected.
According to him, I opted not to be paid in cash as I feared I would utilise the money for other clients and to solve other problems without having anything to show for it.
“Hence, I informed him of my desire to acquire a landed property in Abuja-FCT particularly from Efab Properties Ltd at their Gwarinpa Estate,” he said.
The Islamic scholar said Yakubu paid for the property and was given to him as a “gift to offset all his outstanding indebtedness to me at that material time.”
But Andrew, in a counter affidavit he deposed to, prayed the court to dismiss Muhammad’s application.
The investigator insisted that contrary to the cleric’s averment, it was Sen. Yakubu who directed the consultant to pay the sum of N70 million to Efab Properties Ltd for the purchase of the subject property using Nuhu Muhammed’s name.
According to him, Exhibit EFCC 5 which is the statement of Senator Yakubu confirms that the senator paid for the property with proceeds of unlawful activity under the instructions of the former Governor, Yahaya Bello.