The Federal High Court in Abuja has fixed July 2 for ruling on an application by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of five additional properties linked to former Minister of Power, Saleh Mamman.
Naijaonpoint reports that Justice James Omotosho fixed the date on Wednesday after hearing arguments from EFCC counsel, Abbas Muhammed, and Mamman’s lawyer, Femi Atteh (SAN).
Mamman was convicted in May and sentenced to 75 years’ imprisonment for money laundering involving public funds.
The properties the EFCC is seeking to forfeit include Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2, Abuja, and Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
Others are a mansion at No. 11 Misratah Street, Wuse 2, Abuja; another mansion at No. 13 Misratah Street, Wuse 2, Abuja; and A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
The anti-graft agency is asking the court to add the assets to those already ordered to be forfeited to the Federal Government in the judgment that convicted the former minister.
At the hearing, Muhammed told the court that the EFCC filed its motion for final forfeiture on May 25 and had served the application on the defence.
Atteh confirmed receipt of the application but argued that the court lacked jurisdiction to entertain it because judgment had already been delivered in the criminal case.
He contended that any move to forfeit the properties after conviction should be pursued through a separate action.
According to him, the court had become functus officio, meaning it had completed its role in the criminal proceedings.
He also informed the court that an appeal had been filed to challenge Mamman’s conviction.
Responding, the EFCC lawyer argued that the court retained jurisdiction to determine the forfeiture application despite having convicted and sentenced the former minister.
He said the court had found in its judgment that Mamman siphoned about 22 billion naira from the 33.8 billion naira involved in the charges against him.
According to him, the EFCC had recovered less than 2 billion naira despite previous forfeiture orders.
“So this honourable court has the power,” Muhammed argued.
He urged the court to assume jurisdiction and grant a consequential order forfeiting the properties to the Federal Government.
Atteh, however, urged the court to dismiss the application, arguing that some of the properties belonged to persons who were not parties to the criminal trial.
“The question is, are these parties being given a fair hearing?” he asked.
After listening to both sides, Justice Omotosho adjourned the matter till July 2 for ruling.
Earlier, Atteh apologised to the court over an affidavit filed by a lawyer in his chambers, Mohammed Ahmed, which described the judgment convicting Mamman as an “emotional outburst.”
The judge had previously summoned Ahmed to explain the statements contained in the affidavit.
Atteh said he was not present when the affidavit was filed but accepted responsibility as head of the defence team.
“I want to apologise on this and I want your lordship to grant a pardon to us,” he said.
He also applied to withdraw the affidavit and have it struck out.
The prosecution did not oppose the request, and the judge granted the application.
