The Economic and Financial Crime Commission (EFCC) on Tuesday
told a Federal High Court in Lagos how an Executive Director with the
First Bank of Nigeria Plc, Dauda Lawal laundered the sum of N9.08
billion on behalf of the former Minister of Petroleum, Diezani Allison
Madueke.
Justice Muslim Sule Hassan
had on January 6 ordered temporary forfeiture of the said fund,
following an exparte application by the EFCC.
Lawal had filed an application seeking the discharge of the forfeiture order of the N9.08 billion.
But the EFCC's counsel, Rotimi
Oyedepo while responding to a counter affidavit by the bank Executive
Director, told the court how the money was allegedly laundered by the
banker.
The anti-graft agency had
initiated the exparte application seeking an interim order, for the
temporary forfeiture to the Federal Government, of the sum, which it
claims is linked to Diezani.
The court had also issued 14
days to any interested party to appear and prove the legitimacy of the
monies, failing which the funds would be permanently forfeited to the
Federal Government.
At the resumed hearing of the
matter on Tuesday, EFCC's counsel, informed the court that in line with
its interim orders of January 6, EFCC had served same on Lawal.
According to him, the order was published in a National Newspaper as directed by the court.
In response, counsel to Lawal,
Mr. Charles Adeogun confirmed the position but added that he had filed a
counter affidavit deposed to by his client, challenging the said
forfeiture orders.
While arguing his application,
he urged the court to issue an order, directing a refund of the sum of
N9.08billion to his client, on the grounds that same was obtained by
coercion.
According to him, before such
forfeiture orders can be made, two essential elements must be satisfied
namely: "that the property in question is unclaimed, and that such
property or funds forms proceeds of an unlawful act.
In his response, Oyedepo
submitted that the tenure of section 17 of the Advanced Fee Fraud and
other related offence Act makes a property which is reasonably suspected
to be proceeds of crime, forfeitable to the FG.
He argued that paragraph 4 of
the applicant's reply affidavit shows a meeting of the minds of some
staffs of NNPC as well as the respondent to launder funds.
"My lord, paragraph 4 of our
reply affidavit shows a meeting of the minds of one Gbenga Komolafe,
former group MD, crude oil marketing division of NNPC, Prince Haruna
Momoh, former group MD Petroleum Product Marketing company, Umar Farouk
Ahmed, group MD Nigerian Product marketing company as well as Dauda
Lawal, to launder funds on behalf of former petroleum minister, Diezani
Allison Madueke," Oyedepo added.
After listening to the submission of counsels, Justice Hassan fixed February 16 for judgment
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