Yakubu, in a motion on notice with suit number FHC/ICN/CS/24/2017, filed by his lead counsel, Mr. Ahmed Raji, SAN, asked the court to set aside the forfeiture order that granted FG ownership of the money which was discovered by operatives of the Economic and Financial Crimes Commission, EFCC, on February 9. Specifically, he wants the court to set aside the order and return the $9,772,800 and £74,000,000 which he said belongs to him. The former NNPC boss insisted that the court lacked the jurisdiction to grant FG ownership of his money.
According to him, the court, was bereft of the territorial jurisdiction to entertain the motion that culminated to the forfeiture order since it related to a crime that was alleged committed in Abuja. Raji, SAN, contended that going by section 45 of the Federal High Court Act, an offence should be tried only by a court exercising jurisdiction in the area or place where the offence was committed. “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 argued.
He further maintained that FG lacked the locus-standi to seek the interim order of the court granted on February 13. “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.
“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 submitted. Besides, he argued that the combined effect of sections 28 and 29 of the EFCC Act was 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 cections 28 & 29 of the EFCC Act, to order interim forfeiture of property, could be activated.
He insisted 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. “In the instant case, no charge was brought against the Respondent/Applicant before the provisions of section 28 and 29 of the EFCC Act were activated to grant the ex-parte Order of February 13, 2017”, he stated.
Yakubu was Group Managing Director of the NNPC between 2012 and 2014. He was sacked by the administration of former President Goodluck Jonathan for alleged insubordination and corruption. EFCC operatives raided his house situated in Sabon Tasha, Kaduna State, following a tip-off by a whistle-blower.
The agency disclosed that it discovered the sum of $9.7m and £74,000 that Yakubu hid in a fireproof safe inside the house.
Yakubu was GMD of the NNPC between 2012 and 2014.
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When u have money, the lawyers can always argue your case!!! Oga Andrew has more "dollar hideouts" you guys will never know of, and he is ready to fight!!
ReplyDeleteMr Andrew Yakubu you are Mad. How I wish to say our judicial system is like China Judicial system by now you for done rot in the burial ground. But now because of your Shameless Lawyer who is ready to Continue Misleading till you die because of hypertension. God will Judge you and your so-called Corrupt SAN Idiots
ReplyDeleteLet us kill corruption, else corruption will kill us PMB warned
ReplyDeleteImagine corruption personify Andrew Yakubu fighting back. Which way Nigeria (Sunny Okosun) Do we love our father's land?
Let us all join hand and fight corruption if nothing else but for our children yet unborn. I know for sure PMB is going to repeat what he did to our naira in 1983. He is going change the colour of our naira by the time he comes back.he wants to collect as much as possible before doing that, trust me. He will make sure that what is going to be left with them will be useless in their hands except the foreign currencies with them. To collect the foreign currencies a special devised is in the offing.
How would PMB collect foreign currencies which were hidden in various locations? ...... Note that, most of these monies have been changed to dollars, pounds Sterling and Europe, so, changing Naira will not have much effect! Wasting of resources to change Naira.
DeleteNigerians are really shameless.
ReplyDeleteGod be with this country. These lawyers are ready to defend a shameless looter.How can people dash him this huge money who are these people.This should be established and be dealt with. How I wish Buhari was a Military ruler. This our democracy give chance for looters to argue things out.This man could go away with this money.He was sacked by Jonathan.The money must remain somewhere else too.
ReplyDeleteI wonder how such people in spite of all the odds against them in a case of alleged theft of our commonwealth still have the effrontery to talk at all.
ReplyDeleteI swear by the admission of GEJ 'stealing is not corruption ' that Anybodythat worked with GEJ government must have foreign currencies buried in many places
ReplyDeleteIyalaya e Yakubu... To even get 200 Naira to buy ordinary bread to swallow with pure water sachet has become almost impossible for so many Nigerians including that North you come from, and you were hidding that huge amount of money somewhere. May God punish you from generation to generation. Iyalaya e
ReplyDelete