Court Vacates Forfeiture Order On Nwaoboshi’s Assets, Bank Accounts

The Federal High Court, Abuja, last Monday, dismissed its earlier interim forfeiture order on Sen. Peter Nwaoboshi’s assets, including funds in four banks, granted to the Federal Government.
The Tide reports that the Special Presidential Investigation Panel for Recovery of Public Property (SPIP) had, on July 14, taken temporary possession of several property allegedly owned by Nwaoboshi, representing Delta North Senatorial District, including accounts in Zenith, Access, UBA and Sterling Banks.
This followed an interim forfeiture order by Justice Taiwo Taiwo, on July 2, giving the lawmaker or anyone who might have owned the seized assets 30 days to convince the court why they should not be permanently forfeited to the Nigerian government.
In a motion on notice by Counsel to the senator, Mr Robbert Clarke, SAN, filed on July 11 and brought to the court’s attention, Nwaoboshi urged the court to set aside the ruling.
He also challenged the court’s jurisdiction to further grant audience to the SPIP in relation to his assets.
Justice Taiwo, while delivering ruling, last Monday, however set aside the earlier order, giving the SPIP to seize the assets.
The judge said that the court found that the SPIP lacked power to institute an action against Nwaoboshi as its establishment statute had limited its powers to only investigation.
Justice Taiwo said that the senator’s instant case was on all fours with the decision of Court of Appeal on Tumsah’s case.
He added that there was nothing before the court to show that SPIP had issued prior notice to the applicant before it approached the court for the order made on July 2.
“There was also no pending trial against the applicant (Nwaoboshi ) where a prima facie case had been made to warrant the forfeiture’s order,” he said.
The judge averred that seizure of property by law enforcement agency must be done in a manner that would not negate the principles of fair hearing.
He said that the fact that the SPIP had brought the application in the name of the Attorney General of the Federation did not derogate the fact that “due process was not followed”.
“The Special Presidential Investigation Panel for Recovery of Public Property cannot rely on the provisions of the Economic and Financial Crimes Commission (EFCC) to seek forfeiture of the applicant’s property,” he said.
He said that in the light of the findings, he would not make a further order but to set aside the court earlier order made on July 2.
The Tide reports that the SPIP, in ex parte application moved by the panel’s lawyer, Celsus Ukpong, had described the assets as suspicious or suspected to be far beyond the legitimate income of Nwaoboshi.