A three-person panel of the Court of Appeal, Lagos Division, on Wednesday dismissed the application filed by Francis Momoh and affirmed the final seizure of properties worth 1.8 billion naira recovered from a former Executive Director of Projects, Delta Development Commission. Niger. NNDC, Tuoyo Omatsuli, to the Federal Government.
Judge Chuka A. Obiozor of the Federal Superior Court based in Ikoyi, Lagos, ordered on Monday, December 10, 2018 the definitive forfeiture of the properties that include Block 117, Parcel 4, Lekki Peninsula Scheme, TPAO 992, Ikate Ancient City, Eti-Osa LGA, Lagos, with 1804,089m2 and Plots 1-18, Block 43, TPAO 992, Ikate Ancient City, Lekki Peninsula, Eti-Osa, Lagos, with 10,000m2. Others are: Parcel 1b, Northern Business District, Lekki Peninsula Scheme 1, measuring 1000m2 and Parcel 1; Block 25, Lekki 1 Peninsula Residential Scheme, Eti-Osa LGA, 2989.10m2, for the Federal Government.
Dissatisfied with the order, Mr. Momoh had approached the appeals court seeking to overturn the court order.
But in a judgment read by Judge Daniel Kalio, the appeals court held that Mr. Momoh did not present any material to the court, “to allow him to disturb the lower court’s findings.” The appeals court also held that Mr. Momoh’s appeal was unfounded and was consequently dismissed. “The judgment of the lower court is confirmed,” he also maintained
EFCC attorney Ekene Iheanacho, in submitting an ex parte request for provisional property forfeiture, had referred to paragraph four of the affidavit, which details how an NDDC contractor, Starline Consultancy Services Limited, was paid. , the sum of N10, 218, 019, 060.59 as consulting fees for levies charged to oil producing companies in the Niger Delta region.
It was further claimed that of the money paid to Starline, a sum of N3,645,000.00 was paid as a bribe to Omatsuli through a company called Building Associates Limited. “Some of the funds were used by Building Associates to purchase properties on behalf of a company, Don Parker Properties Limited, where Omatsuli had a majority stake,” Iheanacho told the court.
Mr. Iheanacho had also told the court that Mr. Momoh, whom he described as the majority shareholder of Building Associates Limited, was introduced as a shareholder of Don Parker Properties Limited to disguise the nature of the crime.
After hearing the presentations, Judge Obiozor had granted all the reparations requested by the applicant and ordered the provisional confiscation of the properties from the Federal Government. The judge had further ordered the Commission to publish the order in any national newspaper within 14 days, notifying the defendants or anyone interested in the properties to appear in court and demonstrate why the properties should not be confiscated from the Federal Government of Nigeria.
The plaintiff, in compliance with the court order, had published the provisional confiscation order in The Nation newspaper on May 26, 2018.
However, respondents, on October 1, 2018, opposed the request, claiming ownership of the properties.
In rendering his judgment, Judge Obiozor had held that the properties were acquired through the proceeds of bribes received by Building Associate Limited operated by Mr. Momoh on behalf of Tuoyo; and ruled that the properties be finally confiscated from the Federal Government.
Source: NNN
