Court Orders Forfeiture Of More Properties From Ex-Power Minister
The Federal High Court in Abuja on Thursday ordered the forfeiture of five more properties linked to Saleh Mamman, the convicted former Minister of Power, after Justice James Omotosho granted an application filed by the Economic and Financial Crimes Commission (EFCC).
The court’s forfeiture order covers five properties across Abuja and Kaduna. They 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.
The remaining assets are two mansions located at No. 11 and No. 13 Misratah Street, Wuse 2, Abuja, as well as A.U.A Plaza at Plot 734 Kade Street, also in Wuse 2, Abuja.
Delivering judgment, Justice James Omotosho specifically ordered the permanent forfeiture of Walijam Apartments. He held that the EFCC had established during Mamman’s criminal trial that the former minister acquired the property with funds obtained unlawfully.
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.
Earlier in the proceedings, Justice Omotosho rejected the argument presented by Mamman’s counsel, Femi Atteh, SAN. Atteh had contended that the court was functus officio, meaning it no longer had jurisdiction to make further orders after sentencing the former minister following his conviction.
The judge disagreed, ruling that Section 321 of the Administration of Criminal Justice Act (ACJA), 2015, gives the court the power to order restitution even after a conviction has been entered. According to him, the provision allows for additional orders relating to assets once guilt has been established.
EFCC’s lawyer, Abba Mohammed, supported the court’s position while moving the application. He argued that despite the court having delivered judgment and convicted Mamman, it was not functus officio and remained empowered to hear and determine the forfeiture request.
Mohammed told the court that in its judgment, it found that the ex-minister diverted N22 billion. That amount, he said, was lower than the N33.8 billion stated in the original charges filed against Mamman.
According to him, of the N22 billion the court held that the prosecution proved was siphoned, the EFCC has so far recovered less than N2 billion. The amount was realized after the earlier round of forfeitures.
Justice Omotosho had, in the substantive criminal judgment, ordered the final forfeiture of properties situated in prime areas of Abuja, as well as funds in different currencies that the EFCC recovered during its investigation.