The Federal High Court in Abuja on Thursday ordered the final forfeiture of two properties linked to a staff member of the Federal Inland Revenue Service (FIRS), Aminu Garunbaba, to the Federal Government.
The properties include a four-bedroom terrace maisonette with a boys’ quarters (BQ) at Barumark Groove Estate, Plot 667, Cadastral Zone BO3, Wuye District, Abuja, which was purchased by Garunbaba under the name MYZ Venture.
The second property, located at No. 5, Lodge Road, Kano, was also reportedly acquired by Garunbaba.
Justice Obiora Egwuatu, in his judgment, held that Garunbaba failed to provide evidence of the instrument used to purchase the properties.
The judge further stated that the respondent did not demonstrate any reasonable cause to prove that the funds used in acquiring the properties were from his legitimate earnings.
“A person cannot be allowed to benefit from illegitimate acts,” Justice Egwuatu ruled.
He also dismissed Garunbaba’s preliminary objection, stating that the objector failed to prove that specific paragraphs in the Economic and Financial Crimes Commission’s (EFCC) application violated the Evidence Act.
Justice Egwuatu upheld the argument of EFCC counsel, Martha Babatunde, affirming that a public officer could be investigated and prosecuted before any administrative disciplinary action is taken.
The EFCC had filed the suit, marked FHC/ABJ/CS/876/2021, through Senior Advocate of Nigeria (SAN), Ekele Iheanacho, with Aminu Sidi Garunbaba listed as the sole respondent.
In its motion filed on March 21, 2022, the EFCC sought a final order of the court for the forfeiture of the properties, arguing that they were reasonably suspected to be proceeds of unlawful activities.
The anti-graft agency cited Section 17 of the Advance Fee Fraud and Other Fraud-Related Offences Act, 2006, as the legal basis for the request.
The EFCC submitted that:
According to an affidavit deposed by EFCC operative Apagu Wudah, investigations revealed that between 2017 and 2018, Garunbaba and other FIRS staff conspired to fraudulently obtain millions of naira under the guise of Duty Tour Allowances (DTA) for trips that never took place.
The investigation found that:
Garunbaba received part of the diverted funds through his Stanbic IBTC Bank account (9301540597), while the rest was received in cash. He then converted a substantial portion into U.S. dollars via a Bureau De Change operator, Wan Jafar Shehu.
Shehu confirmed that between 2017 and 2019, Garunbaba gave him approximately ₦216,000,000 to exchange into U.S. dollars.
The EFCC contended that Garunbaba, as a public servant on a fixed salary, could not have legitimately afforded these properties. The acquisitions coincided with the period when he and his colleagues were fraudulently receiving DTA payments.
As a result, the court granted the final forfeiture order, sealing the fate of the properties under federal custody.