Naija News Understands that despite that EFCC’s fresh application was filed “ex parte”, a sort of one-sided preliminary proceeding, and the commission’s claim that the properties had been unclaimed, Fayose had, through the law firm of Chief Mike Ozekhome (SAN), filed a preliminary objection to challenge the forfeiture hearing.
Justice Nnamdi Dimgba, before whom the fresh application was filed last month, had, on July 20, 2016, granted the EFCC an order of interim forfeiture of the properties for only 45 days.
The commission also subsequently, on November 3, 2016, obtained a similar order from Justice Okon Abang, who was then permanently sitting in the Abuja Division of the Federal High Court.
With the later redeployment of Justice Abang to Delta State, the EFCC, through its counsel, Mr. Offem Uket, last month, filed the ex parte application, marked FHC/ABJ/CS/388/18, asking Justice Dimgba to “vacate” the earlier order made by Justice Abang and impose a fresh order of interim forfeiture of the properties.
The commission claimed that “the properties are under the possession and control of the EFCC and have remained unclaimed, as no person, including the suspects, has indicated interest in them, after the said properties were marked with the words, ‘UNDER EFCC INVESTIGATION’.”
The commission also stated as part of the grounds for its fresh application that the properties were acquired with proceeds of unlawful activities, involving funds fraudulently transferred from the Office of the National Security Adviser.
It said in the application that the properties were subjects of pending criminal trial involving the funds allegedly transferred from ONSA’s account.While insisting that the properties, which their forfeiture to the Federal Government was being sought were subjects of the ongoing criminal trial.
It said, “The properties sought to be forfeited are reasonably suspected to have been acquired with proceeds of unlawful activities derived from funds fraudulently transferred from the Office of the National Security Adviser to the account of Sylvan Mcnamara Ltd.
“The funds transferred to Sylvan Mcnamara Limited were later trailed to the personal accounts and companies associated to Messrs Ayodele Fayose and Abiodun Agbele.
“That there is the need to grant the interim forfeiture order to enable the properties/funds listed in the schedule above to be forfeited to the Federal Government.
“That part of the funds fraudulently transferred from the Office of the National Security Adviser was found to have been used by Spotless Investment Ltd to liquidate a loan facility it had earlier obtained from the bank.”
Source: Naija News