Justice Abdulazeez Anka of the Federal High Court, sitting in Lagos, on Wednesday, refused an application by a People’s Democratic Party (PDP) chieftain, Sen. Peter Nwaoboshi, seeking to vacate an order for the temporary forfeiture of his property.
The Economic and Financial Crimes Commission (EFCC) had alleged that Nwaoboshi laundered part of N1.5 billion, which he allegedly fraudulently obtained from Delta State, through a company known as Suiming Nig. Ltd.
The commission is praying the court not to discharge it’s interim order forfeiting the 12-storey building belonging to the Senator, which he allegedly bought with the money.
In his argument to discharge the forfeiture order, Nwaoboshi’s lawyer, Chief Anthony Idigbe (SAN) had said that the Commission concealed material facts in obtaining the order, and did not comply with the EFCC Act.
Besides, he had said that the temporary forfeiture order violated the applicant’s rights to own property as guaranteed by Section 43 of the 1999 Constitution.
“It becomes dangerous for citizens, if the state can seize citizens’ property without a criminal proceeding against them,” he had said.
However, EFCC’s lawyer Mr. Ekene Iheanacho argued that the right to own property was not absolute, and that a property can be temporarily forfeited during investigation even if no charge had been filed.
Justice Anka while delivering ruling on the application yesterday held :
“I have listened to the submissions of counsel and taken into account the authorities cited.
“The action was filled by the EFCC during the pendency of the suit and so, the first question is whether the filling of the suit can be described as an abuse of court process.
“In the current action, the EFCC has put their intention to manifestation and I therefore, see no abuse on the process,” he said
The judge also held that the Court cannot interfere with the investigation process of the EFCC or make pronouncements which will hinder, or be perceived as hindering the performance of their statutory duties. Besides, the Court will avoid making pronouncements which will touch on the root of the main issue or on the validity of any criminal charge.
“Investigation activities will not be stopped by the court against the Agency while it is carrying out its statutory duties; this will amount to pre-empting the investigative powers of the Agency .
“Investigation activities cannot be stopped by the court.,” he added
On the whole, the court held that the application of the applicant fails and accordingly dismissed same.
“All parties have a right of appeal” Justice Anka added
