Court Vacates Order Freezing Nwaoboshi’s Assets

Alex Enumah in Abuja

Justice Taiwo Taiwo of the Federal High Court in Abuja yesterday vacated its earlier order, which gave the federal government the go-ahead to temporarily seize assets linked to the Senator representing Delta North senatorial district at the National Assembly, Peter Nwaoboshi, over corruption allegations.

Justice Taiwo in a ruling on an exparte application by Nwaoboshi, challenging the order of temporary forfeiture, held that the federal government’s agency, which had obtained the temporary order of forfeiture was not qualified to do so as its statutory powers are limited to investigation.

The order was granted by the court on July 2, 2019 against 11 houses and 22 bank accounts linked to Nwaoboshi.

But Nwaoboshi on July 11, 2019, approached the court to set aside the forfeiture order of July 2 on grounds that the court was misled by the Special Presidential Investigative Panel on Recovery of Public Property (SPIP) in obtaining the order.

Nwaoboshi had argued that the court lacked the necessary jurisdiction to entertain and grant the exparte order in the first place following an earlier decision of the court, which held that the government agency which had requested for the said order, lacked prosecutorial powers.

Delivering ruling on the application yesterday, the judge said that the court found that the SPIP, lacked power to institute an action against Senator Nwaoboshi as its establishment statute had limited its powers to only investigation.

Justice Taiwo held that Nwaoboshi’s instant case was in tandem with the decision of Court of Appeal on Tumsah’s case, adding that there was nothing before the court to show that SPIP had issued prior notice to the applicant before it approach the court for the order made on July 2.

“There was also no pending trial against the applicant (Senator Nwaoboshi) where a prima facie case has been made to warrant the forfeiture order,” adding that seizure of property by law enforcement agency must be done in a manner that would not negate the principles of fair hearing .

He said that the fact that the Special Presidential Investigation Panel for the recovery of public property had brought the application in the name of the Attorney General of the Federation does not derogate the fact that “due process was not followed.”

Justice Taiwo further held that the special panel cannot rely on the provisions of the Economic and Financial Crimes Commission (EFCC), to seek forfeiture of the applicant property.

He said that in the light of the findings he will not make a further order but to set aside its earlier order made on July 2.

The judge had issued the order of July 2 following an ex parte application by the Special Presidential Investigative Panel for the Recovery of Public Property, that was argued by the panel’s lawyer, Celsus Ukpong, who described the assets as suspicious or suspected to be far beyond the legitimate income of Nwaoboshi.

Although, Ukpong had applied for interim forfeiture of 14 landed assets, the judge only granted the request in respect of 11, as he exempted three of them that were without addresses from the order.

The affected properties include, Suiming Electrical Company (RC 1090069) located along Asaba Airport Road, Asaba, Delta State; PON Filling Station, along Asaba Airport Road, Asaba, Delta State and a multi-billion naira estate under construction at Maryam Babangida Road, Asaba, Delta State.

They also include, Cartage Cinema located at Okpanan Road, beside Rain Oil Petrol Station, Asaba, Delta State; Newbridge Filing Station, along Airport Road, Warri, Delta State; and a house at No. 8, Monu Olarewaju Crescent, GRA, Asaba, Delta State.

The rest are, a multi-million building located at 41, Buma Road, Apapa, Lagos; Guinea House, No. 27, Marina Road, Apapa, Lagos; Plot 3011B, Kuranah Close, Maitama, FCT, Abuja, and Ceedeez School Hall Airport Road, Asaba Delta State.