Mr. Andrew Yakubu,
the former managing director of the Nigerian National Petroleum Corporation,
whose ‘gift’ of $9.7million and £74,000 was hidden in a nondescript house in
Sabon Tasha in Kaduna city, has launched a move to have the seized money returned to him.
The Vanguard reported
that Yakubu has filed a petition before a Federal High Court in Kano, urging
it to order the Federal Government to
return the money valued at N3billion to him. No date for the hearing was reported.
According to some
earlier reports, he told the EFCC that the money was a gift.
The suit was filed on
his behalf by Mr. Ahmed Raji, SAN.
Andrew asked the
court to set aside the forfeiture order that granted FG ownership of the money
which was discovered by operatives of the Economic and Financial Crimes
Commission, EFCC, on February 9.
Specifically, he
wants the court to set aside the order and return the $9,772,800 and
£74,000,000 which he said belongs to him.
The former NNPC boss
insisted that the court lacked the jurisdiction to grant FG ownership of his
money.
According to him, the
court lacks the jurisdiction to entertain the motion that
culminated to the forfeiture order since it related to a crime that was alleged
committed in Abuja.
Raji contended that
going by section 45 of the Federal High Court Act, an offence should be tried
only by a court exercising jurisdiction in the area or place where the offence
was committed.
“No aspect of the
perceived offence in respect of which the Order of February 13, 2017 was made,
was committed within the Kano judicial division of this Honourable Court”, Raji
argued.
He further maintained
that FG lacked the locus-standi to seek the interim order of the court granted
on February 13.
“By Section 28 of the
EFCC Act, only the commission, i.e. the EFCC has the vires to seek an order for
the interim forfeiture of property under the Act.
“The power of this
Honourable Court to make interim forfeiture order(s) pursuant to sections 28
& 29 of the Economic and Financial Crimes Commission Act, 2004 (herein
after referred to a “EFCC Act”) is applicable ONLY to alleged offences charged
under the EFCC Act and not to offences cognizable under any other law.
“The ex-parte order
of this honourable court dated February 13, 2017, was made in respect of
alleged offences under the Independent Corrupt Practices and other Related
Offences Commission Act (herein after “ICPC Act”) and not the EFCC Act as
prescribed by section 28 & 29 thereof.
“The conditions
precedent to the grant of an interim forfeiture order under sections 28 &
29 of the EFCC Act were not complied with by the Applicant (FG) before the
Order was made”, he submitted.
Yakubu was Group
Managing Director of the NNPC between 2012 and 2014.
He was sacked by the
administration of former President Goodluck Jonathan for alleged
insubordination and corruption.
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