FORMER Minister of Power, Saleh Mamman, has urged the Federal High Court in Abuja to dismiss a fresh application by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of five additional properties allegedly linked to him, arguing that the court lacks jurisdiction to entertain the request.
News Point Nigeria reports that the EFCC is seeking to include the five properties among assets already ordered forfeited to the Federal Government by Justice James Omotosho following Mamman’s conviction for money laundering.
At the hearing, prosecution counsel, Abbas Muhammed, informed the court that the anti-graft agency had filed a motion seeking the forfeiture of the additional properties. He said the application was filed on May 25 and had been duly served on the defence.
Counsel to Mamman, Femi Atteh (SAN), confirmed receipt of the application, adding that a counter-affidavit had already been filed in response.
Atteh, however, strongly challenged the court’s jurisdiction to entertain the application, arguing that judgment had already been delivered in the criminal trial. According to him, the court had become functus officio and could no longer adjudicate on the matter.
He contended that any attempt to pursue the forfeiture of additional assets after conviction ought to be instituted as a separate legal action. He further informed the court that an appeal had already been filed against Mamman’s conviction.
The senior advocate also argued that some of the properties listed by the EFCC belonged to companies that were not parties to the criminal proceedings, insisting that their constitutional right to fair hearing must be protected.
“The question is, are these parties being given a fair hearing?” he asked, urging the court to dismiss the application for lack of merit.
Responding, EFCC counsel, Abbas Muhammed, argued that despite Mamman’s conviction and sentencing, the court still retained jurisdiction to determine the forfeiture application.
“The court has the power to grant this application,” he submitted.
Muhammed also told the court that although the defence had filed an appeal, it had not yet been entered and no appeal number had been assigned. He therefore urged the court to assume jurisdiction and grant the forfeiture request.
He further prayed the court to issue a consequential order permanently forfeiting the five properties to the Federal Government.
Mamman was earlier convicted and sentenced to 75 years’ imprisonment in May after being found guilty of money laundering offences.
After listening to arguments from both parties, Justice James Omotosho adjourned the matter until July 2 for ruling on the application.
Earlier in the proceedings, Atteh sought the court’s leave to address an affidavit of facts filed on May 22 by a lawyer in his chambers, Mohammed Ahmed.
Justice Omotosho had, on June 10, summoned Ahmed over an affidavit in which the judgment convicting Mamman was described as an “emotional and enraged outburst.”
During Thursday’s proceedings, Atteh apologised to the court on behalf of the lawyer, accepting responsibility as head of the defence team and pleading for the court’s forgiveness.
“I want to apologise and urge your Lordship to pardon us,” he said, while also requesting that the affidavit be withdrawn and struck out.
The prosecution did not oppose the request.
Although Justice Omotosho expressed doubt that Atteh had approved the affidavit before it was filed, he initially directed that Mohammed Ahmed be given an opportunity to personally appear before the court to explain himself.
However, Atteh later informed the court that the lawyer was absent due to illness and had not deliberately disobeyed the court’s order.
Justice Omotosho subsequently granted the application and ordered that the affidavit be struck out.