Court Approves Final Forfeiture Of 20 Stolen Cars From Canada

Justice Deinde I. Dipeolu of the Federal High Court sitting in Ikoyi, on Monday, July 15, 2024, ordered the final forfeiture of 20 cars stolen from Canada to Nigeria.

The cars are forfeited to the Federal Government of Nigeria.

The Judge gave the order following a motion on notice filed by the Economic and Financial Crimes Commission, EFCC.

The forfeited cars are Black colour SUV 400, White 4MATIC Mercedez Benz; SUV MDX SH-AWD Acura; Grey colour SUV RS 350L Lexus; Deep Blue SUV RX 350 Lexus, White Toyota 4Runner 2015; White 2020 model Lexus RX 350; White 2019 Lexus RX 350, Black 2020 Model Lexus RX350, and Black Honda Ridgeline 2017 Model.

Others are White Lexus RX 350 SPORT 2019 Model; Grey Lexus RX 350 2019 Model; Grey Toyota 4Runner 2018 Model; White Lexus RX 350 FS Sport 2019 Model; White Toyota Highlander XLE AWD 2017 Model; Black Toyota Highlander 2020 Model; Black Toyota Highlander 2018 Model; Black Mercedez Benz G550 2019 Model; Red Lexus Rx 350 2016 Model and White Mercedez Benz GLA 250 2018 Model.

Justice Dipeolu had, on May 27, 2024, ordered the interim forfeiture of the cars and also directed the publication of the order in any national newspaper for any interested person to appear before the court and show cause why it should not be finally forfeited.

At the sitting on Monday, the EFCC, through its counsel, R.A. Abdulrasheed, told the court that the Commission had complied with the order of the court regarding the publication.

Moving the motion for the final forfeiture order, Abdulrasheed told the court that the application was supported with a 17-paragraph affidavit deposed to by Olufemi Olukini, an investigator with the EFCC, and a written address.

The EFCC, in the affidavit, stated that “ Sometime in April 2022, during an official meeting held at 7A Okoti-Eboh Street, Ikoyi Lagos between officials of the Royal Canadian Mounted Police (RCM) and Lagos Zonal Command of EFCC officials passed a credible intelligence to the Commission which alleged: “That over 350 vehicles, which were comprehensively listed out on an excel sheet with their respective vehicle identification Number (VIN), were stolen from various locations in Canada and shipped to Nigeria.

“That these vehicles have been sold and/or are being sold on an online website ii.com by some online vendors/agents, while others are displayed for sale at various car stands across the country.

“The cars are listed in a comprehensive excel sheet alongside some pictures and information on them. And that some of these vehicles are intercepted at the point of entry into Nigeria at Tincan Island port, Lagos.

“That our team commenced preliminary investigation into the case by identifying the Vehicle Identification Number (VIN) of each of the said stolen vehicles and subjecting them to analysis using Open Source Intelligence (OSINT).

“That preliminary results from the analysis revealed the vehicles were largely located across Lagos State metropolis, particularly Lekki at different car stands and places and the Nigerian ports pending clearance into the country. And that surveillance was, thereafter, carried out on the identified locations followed by sting operations which led to the physical location and identification of these vehicles. “

Continuing, the Commission further stated in the affidavit “ that about 40 of the stolen vehicles were initially located by the intelligence team, who thereafter brought a similar application in suit no. FHC/L/CS/2051/2023 between Economic and Financial Crimes Commission V. WILMON AUTOS NIGERIA LIMITED & 177 ORS wherein a final forfeiture order was granted by Honourable Justice D. I. Dipeolu on 6 March, 2024.

“That soon after the above order was granted, the intelligence team further located the vehicles listed in schedules 1 and 2 of this application, which necessitated this present suite.

“That the 13th to 20th respondents described in schedules 1 and 2 attached to this application were recovered as part of the stolen vehicles and shipped to Nigeria. And that the VIN of the vehicles corresponds with those of the stolen vehicles contained in the intelligence received from RCMP and no person has come forward to claim ownership of these vehicles.

“Investigation carried out revealed that the motor vehicles described aforesaid were stolen from Canada and shipped to Nigeria between March and June 2022. And that most of these vehicles were insured and the insurance companies involved had indemnified the respective owners of the vehicles.

“That the insurance companies now stand in the position of the owners and delegated their interests to the Royal Canadian Mounted Police liaison officer with the Canadian Embassy in Nigeria to pursue their interests.

“That based on the facts stated on paragraphs 1-13 above, this Honourable Court on 27th May 2024 granted an application for interim forfeiture and Order the Publication of the order. “

Abddulrasheed, therefore, prayed for “an order of the Court forfeiting to the Federal Government of Nigeria all the properties mentioned in the attached schedules of this application, which properties are reasonably suspected to have been acquired through stealing and with proceeds from other unlawful economic activities.

“An order of the Court empowering the Canadian Deputy High Commission in Nigeria or any other officer so designated by the office, to dispose off the forfeited properties mentioned in the attached schedules 1-2 of this application either by sale or return to the victims, subject to remittance of the statutory two per cent from the proceeds to the EFCC Recovery Account.”

Justice Dipeolu, after listening to the submissions by Abdulrasheed, ordered the final forfeiture of the cars.