The Economic and Financial Crimes Commission (EFCC) has sought a permanent forfeiture to the federal government of funds linked to Moses Jitoboh, former aides-de-camp (ADC) to ex-president Goodluck Jonathan.
The EFCC, through its lawyer, Chris Mshelia, made the application before Justice Emeka Nwite of federal high court, Abuja.
Jitoboh, currently a DIG of police in-charge of south-south zone, was ADC to Jonathan when he was vice president to late president Umaru Yar’Adua between 2007 and 2010.
The anti-graft agency is seeking the permanent forfeiture of the funds stashed in seven bank accounts following the expiration of the interim forfeiture order made by Justice Nwite on July 22, 2022.
The judge granted the order for interim forfeiture of the funds, and gave 14 days for interested parties to show cause why the assets should not be forfeited to the federal government permanently.
The order followed an ex-parte originating motion marked: FHC/ABJ/CS/1150/2022 which was moved by EFCC’s lawyer, Christopher Mshelia.
However, in a motion on notice dated and filed on December 13, 2022, by Chief P.H. Ogbole (SAN), two companies allegedly owned by Jitoboh, Keniah Nigeria Ltd and Golie Investment Nigeria Ltd, sought to be joined as interested parties
Ogbole, who asked for a court order extending the time within which to file their affidavit to show cause against the order of interim forfeiture made on July 22, 2022, also sought an order deeming their affidavit to show cause already filed as having been properly filed and served the necessary filing fees having been duly assessed and paid.
The senior lawyer gave four grounds upon which the application was brought.
He said that though a 14 day was given within which interested parties should show cause and the matter adjourned until Oct. 27, 2022 for mention, at the time his clients got to know of the existence of the order of interim forfeiture, the time allowed to show cause had elapsed.
While the EFCC is the applicant, Jitoboh and Inspector Bernard Agada are first and second respondents respectively.
Recall that EFCC, in the ex-parte motion, dated and filed on July 15, 2022, asked for an interim order of the court forfeiting to the federal government, the various sums of funds in respect of seven bank accounts listed in the schedule attached to the motion
The agency alleged that the funds, having been traced and recovered from the respondents, are reasonably suspected to be proceeds of unlawful activity.
It also sought an order directing the publication of the interim order in any national newspaper for the respondents or any interested party to appear before the court to show cause within 14 days why the final order of forfeiture of the said assets should not be made in favour of the federal government.
The application was brought pursuant to section 17 of the advance fee fraud and other fraud related offences act no. 14, 2006, section 19(1) of proceeds of crime recovery and management act, 2022; section 44(2)(B) of the 1999 constitution (as amended) and under the inherent jurisdiction of the court.
The commission, which gave two grounds why the order should be granted, said that the court had the statutory powers under the provisions of the law to grant the reliefs sought.
The EFCC listed the bank accounts against which the order was sought and the balance in them to include: David Adakole George, GTB account number: 0051402092 with N5, 326,451.75; Damien Alechenu George, GTB account number: 0051402030 with N5, 433,218.19; and Jese Oloche George, GTB account number: 0051401992 with N5, 348,043.42.
It also include: DJD Jessica, ECOBANK account numbers: 5462033574 and 1623001923 with N230, 710.01; Keniah Nigeria Ltd, UBA account number: 1004699872 with N59, 762, 409.19; Golie Nigeria Ltd, UBA account number: 1001154361 with N7, 506.93 and Golie Nigeria Ltd, Zenith Bank account number: 1010290014 with N6, 269.94.
In the affidavit in support of the ex-parte motion deposed to by Chinelo Opera, an investigating officer with the EFCC, she averred that the commission received an intelligence report from the Office of the National Security Adviser (NSA) to the president sometime in November 2015.
She said that the intelligence alleged conspiracy, money laundering and unlawful gratification against two public servant including Jitoboh, who was then an AIG, and another serving officer, Inspector Agada.
Chinelo added that the investigation conducted revealed that Jitoboh and Agada, had, sometime in 2014, received the sum of N75 million cash from the office of the NSA.
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