A FEDERAL High Court in Abuja has ordered the forfeiture of five additional properties linked to convicted former Minister of Power, Saleh Mamman, following an application by the Economic and Financial Crimes Commission (EFCC).
News Point Nigeria reports that Justice James Omotosho issued the order on Thursday while ruling on the EFCC’s application, granting the permanent forfeiture of one property and ordering the interim forfeiture of four others pending the determination of any claims by interested parties.
The affected properties include Walijam Apartments located at No. 43, Plot 435, Lobito Crescent, Wuse 2, Abuja, and Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
Others are a mansion at No. 11 Misratah Street, Wuse 2, Abuja; another mansion at No. 13 Misratah Street, Wuse 2, Abuja; and A.U.A Plaza situated at Plot 734, Kade Street, Wuse 2, Abuja.
In his ruling, Justice Omotosho ordered the permanent forfeiture of Walijam Apartments at No. 43, Plot 435, Lobito Crescent, Wuse 2, Abuja, after holding that the EFCC successfully established during the criminal trial that Mamman acquired the property with unlawfully obtained funds.
However, the judge ordered the interim forfeiture of the remaining four properties—Bloom Luxury Suites Nigeria Limited in Kaduna State, the two mansions on Misratah Street in Wuse 2, Abuja, and A.U.A Plaza on Kade Street, Wuse 2, Abuja.
Justice Omotosho held that the EFCC was unable to sufficiently establish that Mamman, who is currently serving a 75-year prison sentence, acquired the four properties or had interests in them.
The court consequently directed the EFCC to publish the interim forfeiture order in a national newspaper within seven days to enable any interested parties to appear before the court and show cause why the four properties should not be permanently forfeited to the Federal Government.
Earlier in the proceedings, Justice Omotosho rejected the argument by Mamman’s counsel, Femi Atteh (SAN), who contended that the court had become functus officio—meaning it no longer had jurisdiction—after convicting and sentencing the former minister.
The judge held that Section 321 of the Administration of Criminal Justice Act (ACJA) empowers the court to make restitution orders even after a conviction has been secured.
Arguing the motion, EFCC counsel, Abba Mohammed, submitted that although judgment had already been delivered and Mamman convicted, the court remained competent to hear the application.
Mohammed told the court that in its judgment, it found that Mamman siphoned N22 billion, as against the N33.8 billion contained in the charge filed against him.
He added that of the N22 billion the court held had been diverted by the former minister, the EFCC had so far recovered less than N2 billion despite the earlier forfeiture orders.
Justice Omotosho had, in the judgment delivered in the criminal case, also ordered the final forfeiture of several properties located in prime areas of Abuja, as well as funds recovered in different currencies by the EFCC during its investigation.