Alleged N2.5bn Fraud: Court Adjourns Hearing on Bid to Vacate Property Forfeiture Order

By Vivian Okejeme

Justice Musa Liman of the Federal High Court in Abuja has adjourned until Oct. 16 the hearing of an application seeking to set aside an interim forfeiture order against properties belonging to businessman Abdullahi Saidu.

The Economic and Financial Crimes Commission (EFCC) had obtained an ex parte order for the temporary forfeiture of Saidu’s assets pending the hearing and determination of the suit.

However, Saidu approached the court to challenge the order.

The matter could not proceed when it came up in court on Friday, as counsel to the commission, Mr J.N. Dongonyaro, said he had yet to file a counter-affidavit to Saidu’s application seeking to vacate the forfeiture order.

Justice Liman subsequently adjourned the matter until Oct. 16 for the hearing of the motion seeking to set aside the interim forfeiture order.

The properties affected by the forfeiture order include two units of four-bedroom semi-detached duplexes at Aliyu Villa, Brick City Phase 1, Kubwa, Abuja.

Others are a three-bedroom terrace duplex at Tungan Yakubu, along the Abuja-Kaduna Expressway, and two landed properties designated as Plots C1 and C2.

Also affected is Ngeil Supermarket Plaza, located at Sabon Wuse in Tafa Local Government Area of Niger State.

The interim forfeiture order followed an application by the EFCC pursuant to relevant provisions of the EFCC (Establishment) Act, 2004, and the 1999 Constitution, as amended.

In the ex parte originating motion, the commission sought an interim order preserving the properties, which it said investigations had shown were allegedly purchased with fraudulently obtained funds.

The application was supported by a nine-paragraph affidavit deposed to by Sale Shuaibu, an EFCC operative assigned to investigate allegations of conspiracy, criminal breach of trust and obtaining money by false pretence against Saidu and others.

The EFCC said its investigation followed a petition by Alhaji Adamu Ya’u, who alleged that Saidu, in connivance with Kamal Oladayo Soetan and Adamu Abdullahi Yerima, also known as Adamu Waziri, defrauded him in a diamond transaction.

According to the petition, the suspects represented to Ya’u that they owned 30 parcels of diamond pallets weighing about 50.210kg and 22 parcels of rough diamonds, which they offered to sell to him.

The suspects allegedly demanded various sums from Ya’u for purported clearance and other expenses connected with the shipment.

The petition alleged that Saidu collected $773,000 in tranches, purportedly to clear the consignment at a Nigerian port.

It further alleged that Soetan collected $553,000 to pay Customs officers, while Yerima allegedly collected $672,000 in batches, purportedly for final clearance by the Department of State Services (DSS).

Ya’u alleged that the total amount involved was equivalent to about N2.5 billion.

The EFCC said its investigation revealed that the diamonds were never supplied after the payments were made.

The commission also said the suspects’ claims that payments were made to the DSS for clearance at the ports were false.

According to the affidavit, the suspects were initially apprehended by the DSS for alleged impersonation but were released following a court order and had since gone into hiding.

The EFCC further alleged that its investigation established that there was no diamond consignment for sale as represented by the suspects and that Saidu used his share of the proceeds to acquire the properties.

The commission, therefore, urged the court to preserve the properties through an interim forfeiture order pending the conclusion of investigations and other legal processes.

It argued that the measure was necessary to prevent the properties from being disposed of, in whole or in part, and to safeguard assets allegedly acquired with proceeds of fraud.

The court adjourned the matter until Oct. 16 for the hearing of Saidu’s application seeking to set aside the interim forfeiture order.