The Federal High Court in Abuja, on Monday, ordered the final forfeiture of the sum of seven million dollars recovered in cash from Providus Bank by operatives of the Economic and Financial Crimes Commission, EFCC to the Federal Government.
Justice Emeka Nwite gave the order after EFCC’s lawyer, Rotimi Oyedepo, SAN, moved an application for the final forfeiture of the money.
Oyedepo reminded that the court, on Aug. 27, granted the commission’s request for the interim freezing of the sum.
He said the anti-graft agency had complied with the directive of the court by publishing the interim order for interested parties to show cause why the final order should not be made.
He said an affidavit of compliance was filed on Sept. 3.
“My lord, since Aug. 27 that your lordship granted the order till date, we have not received any opposition to our application.
“Hence, we filed a motion for final forfeiture,” he said.
On Friday when the matter was heard, a lawyer, Mr Gbenga Akande, announced appearance for an interested party.
Although Akande refused to disclose the name of his client who he represented to the court despite the pressure by Oyedepo and the judge, the lawyer promised to file their affidavit to show cause and other documents today.
“My lord, as soon as we file our response, the learner counsel for the applicant will know the interested party,” he said.
The judge, who ordered Oyedepo to serve Akande with copies of the documents, adjourned the matter until Sept. 15 for report.
But when the matter was called on Monday, Akande was not in court.
However, another lawyer, Darlington Ozurumba, appeared in court for an interested party.
Oyedepo, therefore, moved the application for final forfeiture of the money to the Federal Government since no party had shown interest in the matter.
“The party showing interest at the last adjourned date was represented by Gbenga Femi Akande, Esq,” he said.
When the judge asked Ozurumba for his submission, the lawyer simply said: “On our part, we are not opposing the application.”
“In view of the fact that there is no opposition, we apply for final forfeiture of the seven million U.S dollars,” he said.
Justice Nwite, who held that the application was meritorious, ordered the final forfeiture of the money to the Federal Government.
“I have listened to the submission of the counsel for applicant and gone through the affidavit evidence including the written address.
“I am of the view that the application is meritorious. Consequently, the application is granted,” he said.