The Abuja Division of the Federal High Court 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).
The affected properties include Walijam Apartments at No. 43, Plot 435, Lobito Crescent, Wuse 2, Abuja, and Bloom Luxury Suites Nigeria Limited at No. 5, Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
Others are 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.
Mr 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 Mr 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, located at No. 5 Amana Crescent, 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 Mr Mamman, who is currently serving a 75-year jail term, acquired the properties or held interests in them.
He ordered the EFCC to publish the order of interim forfeiture in a national newspaper within seven days so that interested parties may appear before the court to show cause why the four properties should not be finally forfeited to the federal government.
Earlier, Mr Omotosho faulted the argument by Mr Mamman’s lawyer, Femi Atteh (SAN), that the court was functus officio (no longer had jurisdiction) after sentencing the ex-minister to a term of imprisonment.
The judge held that Section 321 of the Administration of Criminal Justice Act (ACJA), 2015, empowers the court to issue an order for restitution after conviction.
EFCC lawyer Abba Mohammed had, while arguing the motion, stated that, though the court had delivered judgment in the case and convicted Mr Mamman, “the court is not functus officio and is empowered to proceed to hear the application.”
Mr Mohammed said that 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 the court said the prosecution proved the ex-minister diverted, the EFCC had recovered only less than N2 billion after the earlier forfeiture.
Justice Omotosho, in the judgment in the criminal case, ordered the final forfeiture of properties located in choice areas of Abuja and of funds recovered in different currencies by the EFCC in the course of its investigation.
The anti-graft agency prosecuted the ex-minister for alleged N33.8 billion money-laundering offences, and he was convicted on all 12-count amended charges.
(NAN)