Tuesday, July 9, 2024 -The Federal High Court in Lagos has ordered the final forfeiture of $16,500 and ₦127 million fraudulently diverted from the Nigerian Maritime Administration and Safety Agency (NIMASA) to the Federal Government of Nigeria.
Justice Kehinde Ogundare issued the
order following an application by the Economic and Financial Crimes Commission
(EFCC). The EFCC's counsel, Sulaiman Sulaiman, argued that the funds were
proceeds of unlawful activities.
On May 23, 2024, Justice Ogundare
initially ordered the interim forfeiture of the monies under Section 17 of the
Advance Fee Fraud and Other Fraud Related Offences Act No. 14. 2006, and
Section 44 (2)(B) of the Constitution of the Federal Republic of Nigeria 1999
(As Amended). The court directed the EFCC to publish the order in a national
newspaper, allowing interested parties to show cause why the funds should not
be permanently forfeited.
During the resumed hearing for final
forfeiture, Sulaiman informed the court that the order had been published in
Punch newspapers on June 6, 2024, as directed. He presented a 22-paragraph
affidavit from Oghare Ogbole, an EFCC investigator, along with two exhibits:
the interim court order and the Punch newspaper publication.
After reviewing the submission, the
court granted the final forfeiture order as requested by the EFCC. The EFCC’s
affidavit detailed the origins and unlawful diversion of the funds, leading to
the court's decision to permanently forfeit the monies to the Federal
Government.
It read;
“That on the 2nd October, 2013, the
management of NIMASA under the leadership of Dr. Ziakede Patrick Akpobolokemi
vide letter referenced: NIMASA 2007/DG/NSA/2013/006 dated 2/10/13, requested
for the release of the sum of N1,123,400 billion, for the implementation of
International Ship and Port Security (ISPS) projects.
“That on the 4th day of November 2013, the
then President, Dr. Goodluck Ebele Jonathan, through the National Security
Adviser (NSA) approved the requested sum of N1,123,400 billion. And that upon
the release of the first tranche in the sum of N1, 123, 400 billion, an account
No. 0060559139, domiciled in Access Bank was opened on 03/1/14, in which
Captain Bala Ezekiel Agaba, the Chairman of the ISPS Committee/Executive
Director, NIMASA, Mr. Victor I. Onuzurike and Mr. Dele T, Ejekukor are
signatories.
“That no sooner had the money hit the
Committee’s account, one Mr. Uche Obilor, a close associate of the chairman of
the committee, Captain Ezekiel Bala Agaba received the total sum of
N437,726,666.66 million, through his company known as Seabulk Offshore Operator
Limited with account number 005326440 domiciled in Access Bank.
“That the said Mr. Uche Obilor equally
received another whopping sum of N402,480 million, through his company Southern
Offshore Limited with Zenith Bank Plc., account number 1013224100. And that
also, the said Mr. Uche Obilor used his company known as Ace Prothesis Limited
to receive the total sum of N66.8 million, through its account number
1012583949, domiciled in Zenith Bank Plc.
“That out of the N437,726,666.66 million,
paid to Seabulk Offshore Operator Limited, the total sum of N187 million, was
transferred to Usaini Sabo on 06/03/2014, 10/06/2014, 12/06/2014 and
09/07/2014, who in turn converted same to US Dollars and handed them over to
Captain Ezekiel Bala Agaba.
“That from the said sum paid to Seabulk Offshore Operator Limited, the total
sum of N67 million, was on the 23rd July, 2014, paid to Kofar Fada Limited, who
also converted the money to US Dollars and handed over same to Captain Ezekiel
Bala Agaba. And that the sum of N66,800 million, received by Uche Obilor
through his company Ace Prothesis Limited from NIMASA was equally converted to
personal use without rendering any service to the agency.
“That from the sum of N402, 480 million,
received by Uche Obilor through his company Southern Offshore Limited from
NIMASA, the total sum of N268 million, was paid to one Usaini Sabo, who
converted the said sum to US Dollars and handed same over to Captain Ezekiel
Bala Agaba.
“That from the sum of N402, 480 million,
received from NIMASA by Mr. Uche Obilor through his company Southern Offshore
Limited, the total sum of N103, 100 million, was equally transferred to Haji
Kawu Investment Bureau De Change and Lekay Leads Ventures Limited, which sums
were equally converted to US Dollars and handed over to Captain Ezekiel Bala
Agaba.
“That the various sums of money transferred
to the companies of Mr. Uche Obilor from the treasury of NIMASA were fraudulent
in that these companies neither rendered any service nor supply goods to the
agency. Rather, the funds were largely converted to Dollars for personal use
and the remaining retained by Mr. Uche Obilor.
“That during the course of investigation, the total sum of $16,500 USD cash,
was recovered by the Commission, part of the funds diverted from the treasury
of NIMASA. And that for using his companies as mentioned above, Mr. Uche
Obilor, upon invitation to the Commission during the course of investigation
agreed to return the sum of N118 million, admittedly received and retained by
his companies from the funds fraudulently converted from the treasury of
NIMASA.
“That Mr. Uche Obilor voluntarily raised
drafts through First City Monument Bank in the name of the Economic and
Financial Crimes Commission, which sums are reasonably suspected to be proceeds
of unlawful activity.
“That the funds sought to be forfeited are
reasonably suspected to be proceeds of unlawful act of diversion of funds from
the treasury of NIMASA, through Mr. Uche Obilor, his companies and other
cronies.
“That I know as a fact that Captain Ezekiel
Bala Agaba, the then Executive Director, Maritime Safety and Shipping
Development of NIMASA was convicted, sentenced by this Honourable Court, per
Buba, J (rtd) and subsequently granted pardon by the Council of State.
“That in view of the findings in preceding
paragraphs and upon a thorough analysis of the evidence on record, this
Honourable Court on the 23 day of May, 2024 made an interim order of forfeiture
to the Federal Government of Nigeria in favour of the Nigerian Maritime
Administration and Safety Agency (NIMASA) the assets sought to be forfeited.
“That I know as a fact and verily believe that this Honourable Court on the
said 23 day of May, 2024 also directed the Applicant herein to publish in any
national daily the said interim order of forfeiture to enable any interested
party appear before the Court to show cause why the assets should not be
finally forfeited to the Federal Government of Nigeria, in favour of the
Nigerian Maritime Administration and Safety Agency (NIMASA).
“That in compliance with the order of this
Honourable Court, the Applicant herein published in The Punch newspaper of 6th
June, 2024, the interim order of this Honourable Court.
“That I also know as a fact and verily
believe that notwithstanding the Order of this Honourable Court directing any
interested party to appear and show cause why the assets sought to be forfeited
should not be finally forfeited to the Federal Government of Nigeria in favour
of NIMASA, no person or party had served any affidavit showing cause on the
Applicant herein.
“That this Honourable Court has the
requisite power and jurisdiction to grant this application. And that it is in
the best interest of Justice to hear and determine this application.”
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