The Federal High Court in Abuja on Thursday, ordered the final forfeiture of two property linked to a staff member of Federal Inland Revenue Services (FIRS), Aminu Garunbaba, to the Federal Government.

The property include a four bedroom terrace maisonette with BQ at Barumark Groove Estate, Plot 667, Cadastral Zone, BO3, Wuye District, Abuja and bought by Garunbaba in the name of MYZ Venture.

The second property, located at No.

5, Lodge Road, Kano in Kano State, was said to have been purchased also by Garunbaba.

Justice Obiora Egwuatu, in a judgment, held that Garunbaba failed to show the instrument he used to purchase the property.

Justice Egwuatu held that the respondent also failed to show any reasonable cause that the funds used in purchasing the property is from his legitimate earnings.

“A person cannot be allowed to benefit from illegitimate acts,” he said.

The judge earlier dismissed the preliminary objection filed by Garunbaba on the grounds that the objector did not discharge the burden to proof that the particular paragraphs in the EFCC’s application offended the Evidence Act.

He  agreed with counsel to the Economic and Financial Crimes Commission (EFCC), Martha Babatunde, that a public officer can be investigated and prosecuted before an administrative disciplinary action is taken.

The EFCC had, in the suit marked: FHC/ABJ/CS/876/2021 filed by Ekele Iheanacho, SAN, sued Aminu Sidi Garunbaba as sole respondent.

In the motion on notice dated March 16, 2022 but filed on March 21, 2022, the anti-graft agency prayed for final order of the court “forfeiting the properties described in Schedule 1 which were found by the commission on the respondent as properties reasonably suspected to be proceeds of unlawful activities.”

Giving four grounds, the commission  argued that the court had the statutory powers under the provision of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 to grant the reliefs being sought.

It said: “The properties sought to be attached and forfeited are reasonably suspected to be proceeds of unlawful activities.

“The interim order of this honourable court has been published in two national dailies namely: THISDAY and PUNCH Newspapers.

“No cause or sufficient cause has been shown why the properties under the interim forfeiture should not be finally forfeited to the Federal Government of Nigeria.”

In the affidavit in support of the motion deposed to by an operative of the EFCC, Apagu Wudah, the officer said several investigations were carried out regarding the assets.

He said as an investigating officer with the Economic Governance Section of the agency, he was assigned to investigate an intelligence report bordering on criminal conspiracy, stealing, abuse of office and money laundering among some FIRS

Wudah said the investigation revealed that between 2017 and 2018, Garunbaba and some of the staff of the FIRS conspired amongst themselves and obtained millions of Naira from the FIRS under the guise of Duty Tour Allowances (DTA) which they never travelled for.

He said in the execution of the fraud, the staff involved applied for DTA in respect of a non-existing trip.

According to him, upon being paid the DTA, the staff would deduct 10% to 15 per cent  of the amount paid as his/her share, while the rest amount was withdrawn and transmitted to other senior officials of the agency who in turn also retained some while passing the rest up to the former Director of Finance and the Coordinating Director.

“The respondent (Garunbaba) not only directly applied and received DTA payment for none existing trips from FIRS, other staff who received these fraudulent payments also handed over to him part of their own money.”

The investigator said between 2017 and 2018, Garunbaba received the sum of N341, 971,960.00 (three hundred and forty one million, nine hundred and seventy-one thousand, nine hundred and fifty naira) from the misappropriated DTA payments.

He said Garunbaba also personally converted to his use the sum of N148, 079,450.00 (one hundred and forty eight million, seventy nine thousand, four hundred and fifty naira).

“The respondent gave details of the various funds he received in the fraudulent scheme and how he utilised some of them in his extra l-judicial statements to the applicant,” he averred

Wudah said Garunbaba, in explaining how he shared part of the entire funds, wrote in his extra-judicial statement made in the presence of his legal representative on May 23, 2019  some startling revelations.

He said the respondent revealed that the total sum of N269, 335, 750 was giving as follows: Peter Hena, 145,000,000; Bello Auta, N95, 000,000; and Aminu Sidi, N29, 336,750.

He said Garunbaba confessed that the money was giving in cash at the FIRS office.

 The investigator said Garunbaba received part of the above diverted funds through his Stanbic IBTC Bank account number: 9301540597 while the rest were in cash from other staff.

He said Garunbaba also converted most of these funds into US dollars through a Bureau De Change Operator — Mr. Wan Jafar Shehu.

“According to Mr. Shehu, between 2017 and 2019, the respondent gave him a total sum of about N216, 000, 000 at different occasions for him to exchange into United States Dollars which he did” Wudah said.

The EFCC operative said in 2018, Garunbaba purchased the four bedroom terrace maisonette from Barumark Investment and Development Company Ltd (Barumark) at the rate of N65,000,000.00 (sixty five million naira).

He said the money was paid through his First Bank account number: 3040986059 to Barumark’s First Bank account.

He said Garunbaba equally purchased the property situated at No.5 Lodge Road in Kano State at the sum of N39, 000,000.00 (thirty nine million naira) from one Alakhillau Enterprises which is operated by Adamu Muhammed.

Wudah said Garunbaba is a public servant on fixed annual salary whose lawful income was not used to purchase the property described.

He said the assets were purchased at the time Garunbaba was receiving and diverting funds paid as DTA by the FIRS to him and his colleagues.(NAN)

An Abuja high court on Thursday rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Emefiele is charged with alleged procurement fraud by the EFCC.

The additional proof of evidence filed on Oct.

15, 2024 by the EFCC, sought to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.

It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.

Delivering ruling in a motion on notice filed by Emefiele, Justice Hamza Muazu rejected the additional proof of evidence.

He held that the anti-graft agency had on Feb. 12, 2024, first filed additional proof of evidence to accommodate the evidence of a former Secretary to the Government of the Federation, Mr Boss Mustapha and one Bamayi Haruna Mairiga.

The judge noted that the charge against Emefiele was filed Aug. 14, 2023 and his plea taking on Nov. 16, 2023.

He held that the action of the EFCC had a resemblance of denial of fair trial because Emefiele was not confronted with the new evidence during investigation as required by law.

The judge held that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.

He agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.

Justice Muaza held that the position of the law, is that the charge was filed upon the completion of investigation.

He added and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.

The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.

Justice Muaza held that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.

The judge held that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.

He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.

Emefiele had in the motion argued by his lead counsel, Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.

Meanwhile, Justice Muaza adjourned until June 3, for continuation of trial

The EFCC charged Emefiele with 20 counts amended charge of criminal breach of trust, forgery, conspiracy obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

The EFCC alleged that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023. (NAN)

A High Court in Uyo on Thursday granted bail to Prof. Ignatius Uduk, who was recently sentenced to three years jail term for electoral offences.

The presiding judge, Justice Okon Okon admitted Uduk to bail following an application for bail on Thursday, by his counsel, Chief Kalu Umeh.

Umeh prayed the court to grant Uduk bail to enable him to take care of his ailing health, pending the determination of the appeal against his conviction.

Counsel to the Independent National Electoral Commission, Mr Daniel Nwike, opposed the bail application, and urged the court not to admit Uduk to bail.

It would be recalled that an Uyo High Court presided by Justice Bassey Nkanang, on February 5, sentenced Uduk to three years jail term.

The court found him guilty of electoral offences committed during the 2019 election in Essien Udin Constituency, Akwa Ibom.

Uduk, a professor of Human Kinetics at University of Uyo, who was preparing his appeal against the judgement, had also approached a High Court to grant him bail on health grounds.

Ruling on the bail application, Okon admitted Uduk to bail in the sum of N2 million, with two sureties.

The Judge added that the applicant must not travel out of the country within the period, and should deposit his international passport with the court.

Speaking on behalf of Uduk’s legal team, Ita Enag, thanked the court for admitting their client to bail while the appeal against his conviction remained on course.

“We shall expedite action to meet the bail conditions so that the applicant will be released to get medical attention, pending the appeal,” he said.(NAN)