N33.8bn looting: FG takes over Ex- power minister Mamman’s assets
A Federal High Court in Abuja on Thursday ordered the forfeiture of five properties linked to convicted former Minister of Power, Saleh Mamman, to the Federal Government.
Justice James Omotosho gave the order while ruling on an EFCC application. Mamman was convicted over an alleged N33.8 billion fraud.
The forfeited properties include Walijam Apartments on Lobito Crescent in Wuse 2, Abuja, and Bloom Luxury Suites on Amana Crescent in Unguwan Rimi, Kaduna.
Besides, the court also ordered the seizure of two mansions on Misratah Street in Wuse 2, Abuja, and A.U.A Plaza on Kade Street, Wuse 2, Abuja.
The assets are to be handed over to the Federal Government.
In his ruling, Justice Omotosho ordered the permanent forfeiture of Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2 on the grounds that the EFCC was able to establish in the course of the criminal trial, that Mamman acquired the said property with unlawfully acquired funds.
He further ordered the interim forfeiture of the other four property – Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State, a mansion at No. 11 Misratah Street, Wuse 2, Abuja, another mansion at No. 13 Misratah Street, Wuse 2, Abuja and A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
He held that the EFCC could not effectively establish that Mamman, who is currently serving his jail term of 75 years, acquired the property or has interests in them.
The judge ordered the EFCC to publish the order of interim forfeiture in a national newspaper within seven days for interested parties to appear before the court to show cause why the four property should not be finally forfeited to the Federal Government.
He had dismissed the argument by Mamman’s lawyer, Femi Atteh (SAN) that the court was functus officio (no longer has jurisdiction) after sentencing the ex-minister open his conviction.
According to him, Section 321 of the Administration of Criminal Justice Act (ACJA) empowers the court to, after conviction, issue an order for restitution.
EFCC’s lawyer, Abba Mohammed had, while arguing the motion, stated that, though the court had delivered judgement in the case and convicted, Mamman, “the court is not functus officio and was empowered to proceed to hear the application.
He said, in the judgement, the court found that the convict siphoned N22 billion as against the N33.8billion contained in the charge preferred against the ex-minister.
Of the N22billion which the court said the prosecution proved that the ex-minister diverted, the EFCC has only been able to recover less than N2 billion after the earlier forfeiture, he added.
