Ex-Gov Shema prays court to set aside his 13 properties’ forfeiture order

Embattled former governor of Katsina State, Dr. Ibrahim Shema, has prayed a Federal High Court in Abuja to set aside its November 1 ruling, which saw the court order for a temporary forfeiture of his 13 properties.

The court order for the interim forfeiture of the 13 properties followed the prayer of the Economic and Financial Crimes Commission (EFCC), which is prosecuting the former governor and a member of the opposition Peoples Democratic Party (PDP) on 22 counts of corruption and financial crimes.

Shema in a motion he filed through his lead counsel, Mr. Joseph Daudu (SAN), on Monday prayed the court to set aside the interim forfeiture order, contending those properties were lawfully acquired.

Daudu described the ex parte application by which the EFCC got the interim forfeiture order as a “brazen attempt” to acquire the ex-governor’s properties “in the absence of a conviction.”

Although Shema the EFCC is prosecuting Shema before the Katsina State High Court in Katsina, the anti-graft agency had however, through an ex parte application filed before Justice Gabriel Kolawole of the Federal High Court in Abuja, on October 6, 2017, prayed for a interim forfeiture of the said assets/properties “pending conclusion of investigation and determination of criminal charges that might be filed against the suspect.”

Justice Kolawole had on November 1, 2017 granted the order of interim forfeiture of the 13 properties after hearing out the argument of the EFCC’s lawyer, O.I. Uket. He had then directed the ex-governor to within seven days of being aware of the court order, apply by a motion on notice to the court order to either discharge or vary the orders.

The order of forfeiture include these properties a large farmland at Dutsi-Ma, Katsina State; 710 hectares of farmland at Chikaji, Igbabi-Kaduna; a five-bedroomed duplex at Plot 1072, Asokoro, Abuja; a fully-built duplex for residential purposes at House 5, Idanre Hills, off Kerang Spring, Maitama Extension, Abuja; and 1.05 hectares of land at Plot 352 Idu Industrial Layout, Abuja.

There are also two blocks of 12 flats consisting of three bedrooms each at 8, Attabara Street, Off Cairo Street, Wuse II, Abuja; an underdeveloped plot of land at Plot 8505, E35 Karaway, Abuja; and a bungalow of four bedrooms at 5, Sullubawa Road, Unguwan Sarki, Kaduna; and a bungalow of four bedrooms at 2, Safana Road, Kaduna.

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Others are a bungalow of four bedrooms at 8, Jaba Road, Kaduna, office chambers of three rooms at E2 Waff Road, Kaduna; and a fully built duplex of four bedroom for residential purposes at 5, Sambo Close, Unguwan Rimi, Kaduna; completed duplex with boys quarters, 4, Oba Akenzuwa Street, off Yakubu Gowon Road, Asokoro Abuja.

Among other things, Justice Kolawole had in his order held that the forfeiture “shall operate” until there was fresh criminal charges instituted against Shema, named as suspect in the EFCC’s ex parte motion.

He had also ruled that Shema was free to file an application seeking a variation or discharge of the order.

Shema had therefore in his application filed before Justice Kolawole on Monday, prayed for an order “vacating, setting aside and/or discharging the interim order(s) of this honourable court made on November 1, 2017 against the applicant’s properties arising from the respondent’s application titled, ‘Ex Parte Originating Motion’ filed on October 6, 2017.”

 

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