A federal high court in Lagos has refused an application by
the federal government for the final forfeiture of two properties belonging to
Bukola Saraki, the immediate past senate president.
The court had in October 2019, ordered the temporary
forfeiture of the two properties located at 17A, McDonald Road, Ikoyi, Eti Osa
local government area of Lagos state.
In the suit, the Economic and Financial Crimes Commission
(EFCC) asked the court to order the final forfeiture of the properties to the
federal government.
The commission alleged that while serving as governor of
Kwara state, Saraki withdrew over N12 billion cash from the account of the
government and paid same into his accounts domiciled in Access and Zenith Banks
through one of his personal assistants, Abdul Adama.
He reportedly purchased the houses with the money.
While delivering ruling on Monday, Mohammed Liman, the
judge, held that the EFCC has failed to prove that the properties were acquired
with proceeds of stolen funds.
Liman held that the documentary evidence put before the
court by the EFCC in support of the final forfeiture order was conflicting and
insufficient.
He said no link was established showing that Kwara state
government funds were used to repay Saraki’s loan.
Rather, the judge concluded that the houses were purchased
with a credit facility granted to the former senate president by the Guaranty
Trust Bank (GTB).
The judge asked the EFCC to call its witnesses at the next
adjourned date, to give oral evidence to resolve the inconsistencies and
contradictions in its documents.
Saraki’s legal counsel would also get the opportunity to
cross-examine the witnesses.
Meanwhile, the judge also dismissed a preliminary objection
filed by Saraki seeking that the case be quashed for constituting an abuse of
court processes.
He submitted that the suit contained the same facts on which
he was prosecuted before the code of conduct tribunal and was discharged and
acquitted up to the supreme court.
The case has been adjourned to September 29 for
continuation.
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