360
Lizzy Chirkpi
The Economic and Financial Crimes Commission (EFCC) secured a final forfeiture order from Justice Obiora Egwuatu of the Federal High Court, Abuja, for two properties linked to Aminu Sidi Garunbabba, a senior staff of the Federal Inland Revenue Service (FIRS). The properties, located in the Federal Capital Territory (FCT), Abuja, and Kano State, were deemed to be proceeds of unlawful activities.
The properties in question are a four-bedroom terrace maisonette with a boys’ quarter, situated in Barumark Groove Estate, Plot 667 Cadastral Zone BO3, Wuye District, Abuja, and another property at No. 5 Lodge Road, Kano State.
The final forfeiture order followed a motion ex-parte dated March 16, 2022, filed by the EFCC through its counsel, Ekele Iheanacho, SAN, pursuant to Section 44(2) of the Constitution of the Federal Republic of Nigeria and Section 17 of the Advance Fee Fraud and other Related Offences Act, No. 14, 2006.
Previously, on February 16, 2022, the court had granted an interim forfeiture order for the properties, directing publication in a national newspaper to allow interested parties to contest the final forfeiture.
During Thursday’s hearing, the prosecution counsel argued that the properties were “reasonably suspected to have been acquired with proceeds of unlawful activities.”
The defense counsel raised a preliminary objection, arguing that a public officer should not be investigated and prosecuted while an ongoing administrative disciplinary action is pending.
Justice Egwuatu dismissed the defense’s objection and granted the EFCC’s request for final forfeiture. The judge clarified the nature of the case, stating:
“This case targets properties suspected to be proceeds of crime, the two cases are different. A criminal case requires proving beyond reasonable doubt while in this case, only a suspicion suffices. Both actions can go on simultaneously and one cannot abate the other. The parties are different, the target in both cases are different, one is proved beyond reasonable doubt and the other is reasonable suspicion. The issues are also different, a person cannot be allowed to benefit from illegitimate acts. The respondent failed to show any reasonable cause that the funds used in purchasing the property is from his legitimate earnings, so the request for final forfeiture is granted.”
The EFCC’s investigation, which led to the forfeiture, began with intelligence revealing corrupt activities among FIRS staff, who allegedly conspired to defraud the service of millions of naira through fraudulent Duty Tour Allowances for non-existent trips.