Court Orders Permanent Forfeiture Of Properties, Cash Traced To NIMASA Garrison Commanders

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A federal high court sitting at Ikoyi, Lagos South West Nigeria has ordered the final forfeiture  of some properties and the sum of N 11,040,000.00 (Eleven Million, Forty Thousand Naira) belonging to Captain Olotu Olumuyiwa Morakinyo, Capt. Ebony Emmanuel Aneke and Lakewood Garden Ventures Limited to the Federal Government of Nigeria. 
The first respondent, Captain Olumuyiwa Morakinyo served as Maritime Guard Commander, Nigerian Maritime Administration and Safety Agency, NIMASA from January to September, 2013.

The second respondent, Captain  Ebony Aneke, served as Maritime Guard Commander,  Nigerian Maritime Administration and Safety Agency,  NIMASA,  from September 2013 to  December,  2014.

The third respondent, Lakewood Garden Ventures is a company jointly owned by the second respondent and his sister, Jimmie Aneke. 

The Presiding Judge, Muslim Hassan had on March 28, 2018, ordered the interim forfeiture of the properties and the money.

In a 38-paragraph affidavit deposed to by Idris Adamu, an operative of the EFCC, the  applicant had sought  an interim order of the court forfeiting to the Federal Government a three-bedroom terrace duplex at Lekki Gardens Limited Estate, Phase IV, Lekki-Ajah, Lagos recovered by the Commission from the first respondent.

The anti graft Agency also sought an interim order forfeiting to the Federal Government another five-bedroom duplex at Lekki, Lagos State recovered by the Commission from the second respondent.

Also,  the applicant sought an interim order of the court forfeiting to the Federal Government the sum of N11,040,000.00(Eleven Million Forty Thousand Naira)  recovered by the Commission from the third respondent.

In his ruling, the judge granted all the prayers sought by the EFCC then

Justice Hassan in his ruling further directed the EFCC to notify the respondents to appear before the court and show cause within 14 days why the properties and the cash should not be finally forfeited to the Federal Government.
     It was further ordered that publication should be made in any national newspaper of the interim order  for the respondents or anyone who is interested in the properties to show cause within 14 days  why the final order of the forfeiture of the properties as well as the money should not be made in favour of the Federal Government.
      EFCC legal officer, Rotimi Oyedepo had on the 24th of April 2018 brought an application before the court for the final forfeiture, having published the interim forfeiture order in the The Nation Newspaper of Thursday, April 19, 2018, as ordered by the court.

He also told the court that the first and second respondents had been served the motion on notice and that they acknowledged service.

Oyedepo added that “The respondents were also informed that the case would be going on today,but  they made no mention of their supposed absence in court today.”

 Justice Muslim Hassan in his verdict granted a final order of forfeiture reiterating that in view of the applicant’s total compliance with the section 17 of Advanced free fraud and related offences Act, 2004 and all the averment contained in 38 paragraph affidavit deposed to by Idriss Adamu an operative of EFCC which is not controverted by way of counter affidavit. 

It is hereby ordered that all the properties and the sum of N 11,040,000.00 (Eleven Million, Forty Thousand Naira) belonging to Capt.  Olotu Olumuyiwa Morakinyo, Capt. Ebony Emmanuel Aneke and Lakewood Garden Ventures Limited to the Federal Government of Nigeria be finally forfeited to the federal government of Nigeria being a proceed of unlawful activities.

EFCC had launched investigation into the activities of the respondents, who were posted to NIMASA as Maritime Guard Commanders between September 2011 and September 2015,  after receiving intelligence report of a case of conspiracy,  stealing and money laundering against them.