Embattled former Group Managing Director of the Nigerian National
\nPetroleum Corporation (NNPC), Andrew Yakubu, has dragged the Economic and
\nFinancial Crimes Commission [EFCC] to Court over forfeiture of his $9.7m
\nand \u00a374,000\u200e recovered by the EFCC in his residence in Kaduna State.<\/p>\n
He also demanded for return of his $9.7million and \u00a374,000
\nYakubu has filed papers at the Federal High Court, Kano, requesting it to
\nset aside the order of forfeiture granted to the Federal Government last
\nweek by the court.<\/p>\n
He posited that the Court granted the forfeiture order without jurisdiction.
\nAccording to Yakubu\u2019s counsel, Mr. Ahmed Raji (SAN), the court lacks the
\nterritorial jurisdiction to entertain the matter.<\/p>\n
He argued that the crime was allegedly committed in Abuja, which is
\noutside the territorial jurisdiction of the Kano court.<\/p>\n
Raji, in a motion on notice with suit number FHC\/ICN\/CS\/24\/2017, argued
\nthat by Section 45 of the Federal High Court Act, an offence shall be
\ntried only by a court exercising jurisdiction in the area or place where
\nthe offence was committed.<\/p>\n
In the motion, Raji argued further, \u201cNo aspect of the perceived offence in
\nrespect of which the Order of 13th February, 2017 was made, was committed
\nwithin the Kano judicial division of this Honourable Court.<\/p>\n
\u201cBy Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the
\nvires to seek an Order for the interim forfeiture of property under the
\nAct.<\/p>\n
\u201cThe power of this Honourable Court to make interim forfeiture Order(s)
\npursuant to Sections 28 & 29 of the Economic and Financial Crimes
\nCommission Act, 2004 (hereinafter \u201cEFCC Act\u201d) is applicable ONLY to
\nalleged offences charged under the EFCC Act and not to offences cognizable
\nunder any other law.<\/p>\n
\u201cThe ex-parte Order of this Honourable Court dated 13th February, 2017,
\nwas made in respect of alleged offences under the Independent Corrupt
\nPractices and other Related Offences Commission Act (hereinafter \u201cICPC
\nAct\u201d) and not the EFCC Act as prescribed by Section 28 & 29 thereof.<\/p>\n
\u201cThe conditions precedent to the grant of an interim forfeiture Order
\nunder Sections 28 & 29 of the EFCC Act were not complied with by the
\nApplicant before the Order was made.”<\/p>\n","protected":false},"excerpt":{"rendered":"
Embattled former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, has dragged the Economic and Financial Crimes Commission [EFCC] to Court over forfeiture of his $9.7m…<\/p>\n","protected":false},"author":1,"featured_media":56059,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-56243","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n