Court Expands Forfeiture Order Against Ex-Power Minister Over Alleged Multi-Billion Naira Fraud Assets
(Saleh Mamman. Photo by Nigeria Stories)
The Federal High Court in Abuja has ordered the forfeiture of five additional properties linked to convicted former Minister of Power, Saleh Mamman.
Justice James Omotosho gave the ruling on Thursday while considering an application filed by the Economic and Financial Crimes Commission.
The affected properties include Walijam Apartments in Wuse 2, Abuja; Bloom Luxury Suites Nigeria Limited in Kaduna State; two mansions along Misratah Street, Wuse 2, Abuja; and A.U.A Plaza, also in Wuse 2, Abuja.
Justice Omotosho ordered the permanent forfeiture of the Walijam Apartments property, ruling that the EFCC had established during the criminal trial that Mamman acquired it using unlawfully obtained funds.
He ordered only the interim forfeiture of the remaining four properties, holding that the commission had not sufficiently established that Mamman, who is currently serving a 75-year prison term, owned or held interest in them.
He directed the EFCC to publish the interim forfeiture order in a national newspaper within seven days, giving interested parties the opportunity to appear before the court to explain why the four properties should not be permanently forfeited to the Federal Government.
Earlier in proceedings, Justice Omotosho rejected an argument by Mamman’s lawyer, Femi Atteh, SAN, that the court had become functus officio, meaning it no longer had jurisdiction, after sentencing the former minister following his conviction.
The judge held that Section 321 of the Administration of Criminal Justice Act, 2015, empowers courts to issue restitution orders even after conviction.
EFCC lawyer Abba Mohammed, arguing the motion, said that although judgment had already been delivered and Mamman convicted, the court remained empowered to hear the forfeiture application.
He noted that the judgment found that the convict diverted N22 billion, rather than the N33.8 billion originally alleged in the charges, and that of that amount, the EFCC had so far recovered less than N2 billion following an earlier forfeiture order.
In the judgment delivered in the criminal case, Justice Omotosho had ordered the final forfeiture of properties located in prime areas of Abuja, along with funds recovered in various currencies during the EFCC’s investigation.
A news agency reports that the anti-graft agency prosecuted the former minister on allegations of N33.8 billion in money-laundering offences, and he was convicted on all 12 counts of the amended charge.