Court orders temporary forfeiture of $49,700 recovered from ex-INEC REC

An Abuja Division of the Federal High Court, on Monday, ordered the temporary forfeiture of the sum of $49,700.00 allegedly recovered from Nura Ali, former Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) for Sokoto State during the 2023 general elections.

Justice Emeka Nwite gave the order after Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved an ex-parte motion.

While the Federal Republic of Nigeria (FRN) was the applicant, Mr Ali was the sole respondent in the motion ex-parte marked FHC/ABJ/CS/1846/2024.

The motion, dated Dec. 20 and filed Dec. 24, was jointly submitted by the ICPC and the State Security Service (SSS).

Usman Dauda, the director of legal services for the SSS, signed the application, while Mr Akponimisingha, assistant chief legal officer in the ICPC, was part of the legal team that drafted the motion.

The motion sought an order of the court temporarily forfeiting the sum of $49,700.00, “recovered from one Dr. Nura Ali during a search operation by the federal government of Nigeria as property suspected to be proceeds of unlawful activity.”

It also requested an order directing the applicant, through the ICPC and the SSS, to jointly conduct a thorough preliminary investigation into the alleged unlawful activities of Mr Ali concerning the movable property and submit a report to the court within 90 days.

Additionally, the motion sought an order directing the applicant to deposit the $49,700.00 in an escrow account with the Central Bank of Nigeria (CBN) and to publish a notice in a national newspaper inviting persons, whether human, juristic or artificial, with an interest in the money to show cause why it should not be permanently forfeited to the federal government.

The applicant stated that the victims of the alleged crime were the federal government of Nigeria and innocent taxpayers, including judges across the country.

It said the money was recovered during a search operation by SSS operatives at Mr Ali’s residence.

“The alleged movable property of $49,700.00 was bribe money received by Dr Nura Ali when he was the Independent National Electoral Commission’s Resident Electoral Commissioner for Sokoto State.

“The alleged movable property is not the legitimate earning of Dr Ali as INEC’s Resident Electoral Commissioner.

“The alleged movable property is suspected to be proceeds of crime,” the application stated.

The applicant argued that INEC does not pay its staff in U.S. dollars as salaries or allowances.

It added that the application’s purpose was to preserve the property from dissipation rather than to compulsorily acquire it from the alleged owner.

The applicant emphasized that interested persons, including the alleged owner, would have the opportunity to provide a legitimate explanation for the property.

“Where cogent and verifiable explanations exist as to how the property was acquired, devoid of crime, the alleged owner or any other person with a proprietary interest in the property will be allowed unrestricted possession of the property.

“This application is not in conflict with Sections 43 and 44 of the 1999 Constitution (as amended), which guarantee citizens’ rights to acquire and own property in Nigeria,” it added.

When the matter was called, Mr Akponimisingha, who appeared for the FRN, told the court that the motion ex-parte sought four orders.

The lawyer said four exhibits were attached to the motion, labelled Exhibit DSS 1 through Exhibit DSS 4.

He urged the court to grant the application in the interest of justice.

He said a search was conducted at Mr Ali’s residence in Kano, where $49,700.00 was retrieved.

He alleged that Mr Ali disclosed in an extra-judicial statement to the SSS that $150,000 was gifted to him by the former Governor of Sokoto, Aminu Tambuwal, and Senator Aliyu Wamakko.

The ICPC lawyer stated that Mr Ali had written a letter to the SSS seeking the return of the money.

An affidavit supporting the motion ex-parte, deposed to by Iliya Markus, a litigation officer with the ICPC, indicated that Mr. Akponimisingha had reviewed the case file and understood the allegations that led to the search warrant executed at Mr. Ali’s residence.

Mr Markus said the SSS acted on intelligence reports about alleged bribes received by Mr Ali from stakeholders, including politicians, during his tenure as INEC REC in Sokoto.

He confirmed that the residence was searched pursuant to a warrant, during which $49,700.00 was recovered.

“A copy of the search warrant is hereby attached and marked as Exhibit DSS 1,” he said.

The affidavit stated that Mr. Ali failed to report the alleged $49,700.00 gift to law enforcement, as required by law, and that he had previously written letters requesting the return of the money.

“Copies of the said letters are hereby attached and marked as Exhibits DSS 3 and 4, respectively,” it said.

Mr Markus noted that the investigation was ongoing, necessitating the 90-day application.

Mr Nwite, deeming the application meritorious, granted the prayers.

The judge adjourned the matter until Jan. 30 for a compliance report on the publication in the media and until March 31 for further hearing.

(NAN)