A Lagos Division of the Federal High Court yesterday ordered the final forfeiture of N2.7 billion recovered from former Chief of Air Staff, Adesola Amosu, to the Federal Government.
The judge, Mojisola Olatoregun, made the order following application filed by the Economic and Financial Crimes Commission (EFCC) in June 2018.
The court had earlier granted an interim order of forfeiture to the total sum of N2.2 billion recovered by the EFCC from Amosu, an air marshal, which it suspected to be proceeds of unlawful activity.
The judge had also granted an order for the forfeiture of N190 million recovered from a former Nigeria Air Force (NAF) Director of Finance and Budget, Olugbenga Gbadebo, an air commodore.
Mrs Olatoregun further ordered the forfeiture of N101 million recovered from Solomon Enterprises, a company linked to Mr Amosu.
She had directed the EFCC to publish the interim order in The Nation and Punch newspapers so that the respondents or anyone interested can show cause as to why the final order of forfeiture should not be made in favour of the Federal Government.
Amosu and an interested party, Bolaji Adigun, an air vice marshal, had filed counter-affidavits arguing that the funds were proceeds of their personal businesses and not from illegal activity.
On Wednesday, the judge dismissed the counter-affidavits, stating that they had failed to provide any facts as to the level of probability to ascertain if the funds were obtained unlawfully.
“Upon examination of the two applications asking the interim orders to be set aside, dated July 28, 2018. from the first respondent and the interested party, I found nothing to set aside the order, and the applications are hereby dismissed.
“The only conclusion I can reach is that these funds are proceeds of an unlawful activity.
“The court has an inherent power to vary or discharge an interim order given, the affidavits filed disclosed no reason why the order of final forfeiture should not be made.
“I hereby order the final forfeiture of these sums to the Federal Government of Nigeria: N2,244,500,000, N190,828,978.15 and N101 million.
“The funds should be paid into the nominated GTB treasury single account of the Federal Government and an affidavit of compliance filed within 14 days.” Mrs Olatoregun said.
