PDP chieftain loses bid to vacate property forfeiture order

By Jerry Uwah Lagos–

A People’s Democratic Party (PDP) chieftain, Mr. Peter Nwaoboshi, yesterday lost the bid to vacate an order for the temporary forfeiture of his property to the federal government.
Justice Abdulazeez Anka of a Federal High Court in Lagos dismissed Nwaobosi’s application.
Th e Economic and Financial Crimes Commission (EFCC) alleged that Nwaoboshi laundered part of N1.
5billion, which he fraudulently obtained from Delta state, through a company known as Suiming Nig.
Ltd.
Th e commission is praying the court not to discharge its interim order forfeiting the 12-storey building belonging to the Senator, which he allegedly bought with the money.
In his argument to discharge the forfeiture order, Nwaoboshi’s lawyer, Chief Anthony Idigbe (SAN), had said that the commission concealed material facts in obtaining the order, and did not comply with the EFCC Act.
Besides, he had said that the temporary forfeiture order violated the applicant’s right to own property as guaranteed by Section 43 of the 1999 Constitution.
“It becomes dangerous for citizens, if the state can seize citizens’ property without a criminal proceeding against them,” he had said.
In response, EFCC’s lawyer, Mr. Ekene Iheanacho, had argued that the right to own property was not absolute, and that a property can be temporarily forfeited during investigation even if no charge had been fi led.
“Arrest is not a condition precedent to forfeiture; the law allows that even though the person has not been arrested, the property can still be attached.
“We urge the court to reject this application and not to discharge the earlier order made by the court,” Iheanacho had prayed.
Delivering judgement yesterday, Anka stated: “I have listened to the submissions of counsel and taken into account the authorities cited.
 

 

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