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By Our Correspondent in Ilorin
Justice Sikiru Oyinloye of the Kwara State High Court sitting in Ilorin has granted the application filed by the Counsel to the Economic and Financial Crimes Commission( EFCC), Mr Sesan Ola, for the final forfeiture of a building.
The building was traced to a former Executive Director, Harmony Holdings Limited in Kwara State Government, Mr Adebayo Sanni.
Delivering the judgment on the matter on Wednesday, Justice Oyinloye said that the respondent failed to show up in Court to challenge the legality of the proceedings.
He said: ” I have seen the hearing notice duly served on the defendant, it is a clear evidence before me that the respondent was duly served with the hearing notice of this proceeding.
“The respondent did not file any paper to challenge the legality of this proceeding or claim ownership of the property in question. ”
“I accept, believe and rely on all the thirty five paragraphs affidavit filed by the applicant.Though the application was not challenged, but I consider it meritorious. The property is hereby forfeited to the Federal Government of Nigeria.”
The EFCC, Ilorin Zonal Office, accordingly secured the forefeiture of the property.
Earlier in his application, Ola told the Presiding Judge: ” My Lord, we have a motion dated 14th day of January 2020.
” It was brought pursuant to Section 17 of the Advance Fee Fraud and other Fraud Related Offences Act No 14, 2006, Section 44v(2) of the Constitution of the Federal Republic of Nigeria under the inherent jurisdiction of this honourable Court.”
“Our motion is praying this honourable Court for an order forfeiting to the Federal Government of Nigeria, the landed property with appurtenances situated at 11, Catchment Road, GRA, Ilorin, Kwara State.
“It was found and recovered by the Commission from the respondent which is believed to have been acquired through the proceeds of unlawful activity.”
The EFCC lawyer, therefore, urged the Court to look at the merit of application and all the exhibits attached in granting his request.
The thirty five paragraphs affidavit in respect of the application was deposed to by one Denis Nnachi, an investigative officer with the EFCC.
Nnachi said: ” Investigations revealed that the Ex-Kwara Executive Director fraudulently sold five plots of land belonging to the Kwara State Government in Galadimawa area of Abuja and used the proceeds to construct the building in question. ”
” The Respondent used his position as Executive Director of Harmony Holdings Limited to influence the award of contracts to several companies, where he had interest.”
” It was discovered that the property, known as 11, Catchment Road , GRA, Ilorin was constructed and developed, using proceeds of unlawful activity.
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