By Taiye Agbaje and Chinyere Onuorah
The Federal High Court in Abuja on Wednesday ordered the confiscating and
forfeiting a multi billion naira assets and investments owned by Chukwunyere
Nnabuoku, the convicted former acting Accountant-General of the Federation
(AGoF), to the Federal Government.
Justice James Omotosho, in a ruling on a motion on notice filed by the Economic
and Financial Crimes commission (EFCC), held that the application was
meritorious.
Citing previous Supreme Court decisions, Justice Omotosho said, “in crimes such
as money laundering, forfeiting the proceeds of crime is deemed to be a natural
consequence of conviction.”
According to Justice Omotosho, the above decisions of the Supreme Court clearly
shows that forfeiture of properties obtained with proceeds of crime are liable to be
forfeited after such person has been convicted.
“The essence of this is to ensure that the convict derives no further benefits from
such properties.
“The convict here will not be allowed to enjoy those properties which are being
sought to be forfeited.
“He has been convicted and those properties have been established to emanate
from proceeds of illegal activities,” he said.
The judge observed that counsel to the convict raised the issues of the matter being
subject of appeal and that the order of forfeiture ought not to be granted because
the application amounts to an abuse of court process.
Responding, the judge said that the mere fact that a notice of appeal had been filed
does not preclude the court from granting a final forfeiture of the said properties.
“Forfeiture in this instance is seen as part of the judgment. In fact, it is similar to
the sentencing handed down by the court.
“Where a person has been convicted and a notice of appeal has been filed, would
that preclude such person from being sentenced?
“The answer to this is no, as sentencing usually follows conviction,” he said.
The judge said granting the forfeiture order does not disturb the likely outcome of
the appeal.
“The aim of it is to stop the convict from enjoying the proceeds of his unlawful
activity.
“Consequently, this forfeiture order will be granted regardless of the filing of a
notice of appeal.”
On whether it was an abuse of court process, Justice Omotosho said the convict did
not attach any process of court showing that a final order of forfeiture had been
granted or process showing that an order of final forfeiture is being sought against
the same properties and the same convict.
“The convict was convicted by this court after a full trial and thus, this issue is
within the control of this court.
“No evidence of abuse of court process exists. Consequently, that issue is hereby
dismissed.
“In final analysis, the properties of the convict which have been identified to be
purchased from proceeds of crime in this matter are hereby finally forfeited to the
Federal Government of Nigeria.”
The judge, therefore, ordered the confiscating and forfeiting of the assets and
properties described in Schedules 1, 2 and 3 of the EFCC’s application to the
Federal Government having been established to be proceeds of unlawful activities.
The News Agency of Nigeria (NAN) reports that the anti-graft agency had, in the
motion marked: FHC/ABJ/CR/240/2024 and filed on April 1, sought one relief.
It sought an order of the court confiscating and forfeiting the assets/properties
described in Schedules 1, 2 and 3 of the application to the Federal Government of
Nigeria being proceeds of unlawful activities.
Jutsice Omotosho, who convicted Nwabuoku in all the nine counts, sentenced him
to eight years imprisonment in each of the counts, making a total of 72 years.
The judge, however, ordered that the counts shall run concurrently beginning from
Monday, March 23.
