SEIZED MONEY: Former NNPC Boss, Andrew Yakubu set to battle EFCC at Federal High Court

The Former Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu whose ‘gift of $9.7 million and 74,000 British pounds was hidden in a house in Sabon Tasha, Kaduna has set to take a legal battle against the Economic Financial Crimes Commission (EFCC) at a Federal High Court in Kano has a move to have his seized money returned to him.

Acording to the information reaching Glitter News Online, the suit was filed on his behalf by Mr. Ahmed Raji, SAN urging the federal government to return the money which was valued at N3billion to him.

During his interrogation, he had earlier told EFCC that the money was a gift.

Andrew asked the court to set aside the forfeiture order that granted FG ownership of the money which was discovered by operatives of the Economic and Financial Crimes Commission, EFCC, on February 9.

The former NNPC boss insisted that the court lacked the jurisdiction to grant FG ownership of his money.

According to him, the court lacks the jurisdiction to entertain the motion that culminated to the forfeiture order since it related to a crime that was alleged committed in Abuja.

Raji contended that going by section 45 of the Federal High Court Act, an offence should be tried only by a court exercising jurisdiction in the area or place where the offence was committed.

ANDREW YAKUBU

“No aspect of the perceived offence in respect of which the Order of February 13, 2017 was made, was committed within the Kano judicial division of this Honourable Court”, Raji argued.

He further maintained that FG lacked the locus-standi to seek the interim order of the court granted on February 13.

“By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an order for the interim forfeiture of property under the Act.

“The power of this Honourable Court to make interim forfeiture order(s) pursuant to sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (herein after referred to a “EFCC Act”) is applicable ONLY to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.

“The ex-parte order of this honourable court dated February 13, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (herein after “ICPC Act”) and not the EFCC Act as prescribed by section 28 & 29 thereof.

“The conditions precedent to the grant of an interim forfeiture order under sections 28 & 29 of the EFCC Act were not complied with by the Applicant (FG) before the Order was made”, he submitted.

Yakubu was Group Managing Director of the NNPC between 2012 and 2014.

He was sacked by the administration of former President Goodluck Jonathan for alleged insubordination and corruption.

Written By Abiodun Adeniyi