Court Orders Seizure of N426.7m Linked To Retired Army General

A Federal High Court in Lagos on Friday ordered the forfeiture of a sum of N426.7 million belonging to a retired Brigadier-General of the Nigerian Army, John Onimisi Ozigi to the Federal Government.

Justice Muslim Hassan made the order following a motion on notice seeking final forfeiture of the sum.

The judge said that the respondent failed to satisfy the court with concrete evidences on why monies suspected to be proceed of an unlawful activities should not be forfeited to the Federal Government of Nigeria.

“The application has met the conditions stipulated in section 17 of of the Advanced Fee Fraud and Related Offences Act.”

“The application is meritorious and it is hereby granted as prayed,” the judge said.

The application was filed by the Economic and Financial Crimes Commission (EFCC), through its counsel, Mr Nkereuwem Anana.

Joined as respondents in the suit are: John Onimisi Ozigi, and a company Diamond Head Ventures and Dev. Company Ltd.

Justice Hassan had earlier issued an interim order for the forfeiture of the sum following an exparte application filed by the EFCC.

He had then ordered interested parties to appear and show cause why the interim orders should not be made permanent.

In March, the EFCC argued its application for final forfeiture of the sum on the grounds that they were reasonably suspected to be proceeds of unalwful activities.

The court had then adjourned the case to April 6, for judgement.

Meanwhile, following the break-out of COVID-19 Pandemic and the lockdown of the state by the Federal Government, judgment could not be delivered and counsels to the parties were informed of a new date.

In his judgment on Friday, Justice Hassan granted the motion for final forfeiture of the money as requested by the EFCC.

In the suit numbered; FHC/L/CS/1094/18, the Antigraft Agency had prayed for an order finally forfeiting the total sum of N426.7 million found in the account of the respondent to the Federal Government.

The EFCC, in an affidavit deposed to by one of its operatives, Clever Ibrahim, stated that the first respondent is an officer of the Nigerian Army, while the second respondent is a business name owned and incorporated by the first respondent under the law of the Federal Republic of Nigeria.

The deponent also stated that the first respondent is a salary earner and a public officer with the rank of a brigadier general with an estimated salary of about N750. 000.00 (seven hunched and fifty thousand only) per month.

He also stated that intelligence information revealed that monies have been found in an account opened in the name of the first and second respondents that was not reasonably justifiable and commensurate with the first respondent’s legitimate income

According to the Commission, the sum is reasonably suspected to be proceeds of crime.

He averred that when the first respondent was confronted with respect to the sums in the account. he made a statement to the commission.

He said that in the said statement, the respondent had indicated willingness to refund the money to the Federal Government, adding that the said statement was attached as EXHIBH EFCC 3.

He had argued that the order if made, would serve the course of justice as it was sought in good faith and in accordance with Oaths Act.