In Abuja, a Federal High Court has upheld a final forfeiture order in a N96 million contract fraud case, reinforcing the Independent Corrupt Practices and Other Related Offences Commission’s (ICPC) ability to freeze implicated accounts.
The application, dated February 15, 2024, aimed to overturn interim and final forfeiture orders permitting the ICPC to freeze accounts associated with N96 million allegedly received for contracts that were not executed.
The case involves Ebisintei Bietoru Awudu, former Surveyor-General of the Federation, along with Kumeni Services Limited and Geolev Nigeria Limited.
The ICPC had secured interim and final forfeiture orders in December 2021 and April 2022 respectively, asserting that the funds were suspected proceeds of crime.
Kumeni Services Limited, the second respondent, contested the court’s jurisdiction and the ICPC’s authority to seek the forfeiture.
Justice Evelyn Maha dismissed these arguments, stating they lacked clarity and basis, and highlighted that Kumeni Services Limited did not cite any legal grounds preventing the federal government from pursuing such a forfeiture order.
“The second respondent applicant did not attach any document before me that the Office of the Attorney-General of the Federation did not give consent to the ICPC to file this action for forfeiture,” the judge stated.
She noted the Attorney-General’s role in protecting federal interests and initiating court actions.
Justice Maha confirmed that the ICPC had followed the court’s publication order, allowing those affected to contest the interim forfeiture order before it became final.
“And it is clear that the publication order was made by the court. Again, the second applicant is also misleading the court, as my records show that the ICPC complied with the order of publication and the interim. So, in consequence of the above, it’s my finding that the application is lacking in merit and is hereby dismissed by the court,” she declared.
She further criticized the claim regarding the court’s lack of jurisdiction as a gross abuse of the court process.
“If I have heard that I don’t have jurisdiction, I would have awarded a million-dollar cost. You have to be careful because this is a gross abuse of court process,” the judge warned.
In 2019, the ICPC had received a petition from concerned citizens alleging that Surveyor Ebisintei Bietoru Awudu, in collusion with Kumeni Services Limited, engaged in fraudulent activities within the Office of the Surveyor-General of the Federation.
The investigation revealed that contracts awarded to Kumeni Services Limited were used as a means to siphon federal funds through unexecuted and inflated contracts.
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