Order FG to return my N3bn, defiant Yakubu tells court

Boldly, Andrew Yakubu, the former group managing director of the Nigerian National Petroleum Corporation (NNPC) has told a Kano State Federal High Court to order the Federal Government to return over N3billion he allegedly looted and kept in his home in Kaduna State.

This was contained in a motion on notice Yakubu filed through his lead counsel, Mr. Ahmed Raji (SAN) with suit number FHC/ICN/CS/24/2017.

He asked among other things in the suit that the court should set aside the forfeiture order which made the Federal Government the owner of the money which the Economic and Financial Crimes Commission (EFCC) discovered on February 9 in his Kaduna house.

Yakubu, who is contending that the court lacked the jurisdiction to entertain the motion that led to the forfeiture order, as the case was a crime that allegedly took place in Abuja, demanded specifically that the order of forfeiture on the money be set aside and his $9,772,800 and £74,000,000 returned to him.

According to his counsel, section 45 of the Federal High Court Act states that an offence should be tried only by a court exercising jurisdiction in the area or place where the offence was committed.

He therefore argued, “No aspect of the perceived offence in respect of which the Order of February 13, 2017 was made, was committed within the Kano judicial division of this Honourable Court.”

Raji, who maintained that the Federal government lacked the locus-standi to seek the interim order of the court granted on February 13 added, “By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an order for the interim forfeiture of property under the Act.

“The power of this Honourable Court to make interim forfeiture order(s) pursuant to sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (herein after referred to a “EFCC Act”) is applicable ONLY to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.

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“The ex-parte order of this honourable court dated February 13, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (herein after “ICPC Act”) and not the EFCC Act as prescribed by section 28 & 29 thereof.

“The conditions precedent to the grant of an interim forfeiture order under sections 28 & 29 of the EFCC Act were not complied with by the Applicant (FG) before the Order was made.”

He went further to reason that the combined effect of sections 28 and 29 of the EFCC Act stipulated that a charge alleging infractions against the provisions of the EFCC Act ought to be brought against a suspect before the powers of the court under sections 28 & 29 of the EFCC Act, to order interim forfeiture of property, could be activated.

He argued that without a formal charge, no prima-facie evidence could be established in order for the provisions of section 28 and 29 of the EFCC Act to be activated.

EFCC operatives had raided Yakubu’s home in Sabon Tasha, a slum area in Kaduna State, after a whistle-blower gave them a tip-off.

During the raid, the sum of $9.7m and £74,000 were said to have been discovered where Yakubu hid them in a fireproof safe inside the house.

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