The Federal High Court in Abuja on Thursday, set aside the order directing the temporary forfeiture of 378, 000 US dollars and a Mercedes Benz GLS 600 Maybach to the Federal Government.
Justice Emeka Nwite, in a ruling, held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) concealed and suppressed material facts in obtaining the order.
Justice Nwite agreed with the defence counsel, Afam Osigwe, SAN, that the ICPC failed to disclose to the court of a pending matter in a sister court where parties had been ordered to maintain status quo pending the determination of the matter.
The judge acknowledged that though the commission’s lawyer, Osuobeni Akponimisingha, maintained that the anti-graft agency did not conceal any fact as the order gotten had nothing to do with the pending case, he held that the law placed so much trust on the party applying for such order.
Besides, he held that it was the duty of the parties, as the law imposed, to be diligent in their cases.
“It is not in doubt that the suit is connected to the present proceedings,” he said, adding that “the suit has the capacity to influence the decision of this court.”
He said the ICPC, coming to court to get the order, while the earlier order to maintain status quo by the sister court had not been set aside, amounted to an abuse of court process.
“The applicant is naturally bound to respect the order of this court made on the 14th day of August, 2024,” he said.
According to the judge, it must be stated that this court and any other courts has inherent power to set aside its decision where the decision was taken without jurisdiction and where the decision is short of material facts.
He said the court could also vacate its decision if there was misrepresentation of material facts or if there had been non-disclosure of material facts, among others.
He said that a party is bound by law to avail the court all necessary and material facts that would assist the court determines a matter.
“Consequently, this court holds that the applicant concealed and suppressed materials facts,” he said.
Justice Nwite, who made the order setting aside the interim forfeiture of 378, 000 US dollars to FG, also directed the ICPC to remove the restriction vide Post No Debit Order placed on the Zenith Bank Account of Fides Et Ratio Academy Limited-5074703084.
The judge equally ordered immediate release of the Mercedes Benz GLS 600 Maybach detained by the anti-corruption commission.
Freedomonline reports that Justice Nwite had, on Jan. 6, ordered a temporary forfeiture of 378, 000 US dollars and a Mercedes Benz GLS 600 Maybach to the Federal Government.
Justice Emeka Nwite, in a ruling, made the order after Akponimisingha moved a motion ex-parte to the effect.
Justice Nwite, who granted the motion, also directed the commission to publish the notice in a national daily for interested person(s) to show cause why the cash and the vehicle should not be permanently forfeited to the Federal Government.
The judge then adjourned the matter until Feb. 20 for report of compliance.
The money and the vehicle, allegedly said to be proceeds of unlawful activities, were linked to Paul Chukwuma, Managing Director and Chief Executive Officer of Fides Et Ratio Academy Limited.
In the motion ex-parte marked: FHC/ABJ/CS/1982/V/2024 and filed by the ICPC Chairman himself, Dr Musa Aliyu, SAN; Chukwuma, Prof Dr Klaus Stierstorfer, and Fides Et Ratio Academy Limited were sued as 1st to 3rd defendants respectively.
Giving 10 grounds why the application should be granted, the ICPC chair said the victims of the alleged crime of the respondents is the Federal Government of Nigeria and its citizens who honestly and diligently pay their taxes as and when due.
He said the alleged unlawful activities of the respondents had continued to cause untold hardship on honest Nigerians, especially, students of tertiary institutions.
According to him, without an order of this honourable court, the applicant cannot legally recover the alleged moveable property already restricted vide Post-No-Debit Order into the commission’s recovery account domiciled with CBN for proper use for the benefit of honest Nigerians.
Idris Abubakar, a litigation officer, Legal Services Department, ICPC, in the affidavit he deposed to, said the commission received a petition alleging that the Tertiary Education Trust Fund (TETFund) allegedly made payment to a contractor for unexecuted project.
He said during the investigation, it was discovered that TETFund entered into a memorandum of understanding with two companies to provide ICT services to tertiary institutions, including universities, polytechnics and colleges of education.
He, however, alleged that TETFund jettisoned the conditions given by the Bureau of Public Procurement (BPP) and went ahead to engage Fides Et Ratio Academy Limited.
He alleged that several funds were misappropriated in the deal.
The officer alleged that when the ICPC investigators requested Chukwuma to provide them with information on how to get across to Stierstorfer, the effort was unsuccessful till date.
According to him, the applicant (ICPC) is still on the trail of Prof. Dr. Klaus Stierstorfer, with a view to get him to clarify some of the claims of Mr. Paul Chukwuma.
However, Chukwuma, on Feb. 20, prayed the court to set aside the interim forfeiture order against his assets.
Chukwuma, represented by Osigwe, urged Justice Nwite to vacate the order in the interest of justice.
Osigwe had told the court that a motion on notice was filed on behalf of Chukwuma on Jan. 9, seeking an order of court setting aside the interim forfeiture order.
The lawyer argued that the order obtained by the ICPC was an abuse of court process.
He submitted that the commission got the.order after a charge had already been filed against Chukwuma in a sister court.
According to him, the order ought to be made by the court where the charge was filed.
