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  • * Orders Final Forfeiture of Ex-NAPL MD Properties In Lagos

By Celestine Okafor (Editor-in-Chief) @CelestineOkaf11

Justice Jude Onwuegbuzie of the Federal Capital Territory High Court, Apo, Abuja on Wednesday, July 17, 2024 dismissed an application filed by the former Minister of Power and Steel, Mr. Olu Agunloye for a leave of the court to travel abroad for a medical check-up.

At the Monday, July 1, 2024 proceeding, Agunloye, through his counsel, Adeola Adedikpe, SAN, applied for the release of his passport to enable him travel overseas for medical examination. Attached to his application were documents marked Exhibit A to E, which included a report from University College Hospital, NISA Premier Hospital, a letter of review of medical report from the Federal Road Safety Commission (FRSC) and an invitation from a foreign medical analyst, requesting him to quickly come over for medical evaluation.

In response, prosecution counsel, Abba Mohammed presented a counter-affidavit, written and filed by Hussain Babangida, a prosecution witness and an investigator with the EFCC, in which the court was urged to refuse the application on the ground that Agunloye could be a flight risk, having amply demonstrated unwillingness to present himself for trial until he was declared wanted.

“This is our written address and we rely on all the resolutions in the counter-affidavit and we adopt the same with the exhibit attached. We are expecting our noble lord to dismiss the defendant`s application on the credit of the complainant’s counter affidavit," he said.

Ruling on the application on Wednesday, Justice Onwuegbuzie held that Agunloye failed to provide sufficient evidence to prove that his ailment cannot be treated here in Nigeria and that there is no Nigerian hospital capable of administering treatment for his ailment.

Agunloye is facing prosecution by the EFCC on seven-count charges bordering on fraudulent Mambilla Power Project contract award to the tune of $6billion (Six Billion US Dollars).

Justice Onwuegbuzie adjourned the matter till September 23, 2024 for continuation of trial.

Meanwhile, Justice Chukujekwu Aneke of the Federal High Court sitting in Ikoyi, Lagos, on Wednesday, July 17, 2024, ordered the final forfeiture of five properties linked to a former Managing Director, Nigerian Army Properties Limited, NAPL, Major-General U.M.Mohammed. The Judge gave the order following a motion on notice filed and argued by the Economic and Financial Crimes Commission, EFCC, through its lawyer, A.O. Mohammed. The properties are: No.8b, Bedwell Road, Ikoyi; No.3, Force Road, Ikoyi, Lagos; No.14, Glover Road, Ikoyi, Lagos; No.6, Marina, Ikoyi, Lagos and No. 28, Point Road, Apapa, Lagos. Investigation revealed that the properties were fraudulently misappropriated and the proceeds of the sale diverted for personal use. The judge had, on March 4, 2024, ordered the interim forfeiture of the properties reasonably suspected to be proceeds of an unlawful activity and also directed the publication of the order in a national newspaper for any interested person to show cause why they should not be permanently forfeited to the Federal Government of Nigeria. Moving the application for the final forfeiture of the properties on Wednesday, Mohammed told the court that the Commission had complied with the order of the court regarding the publication. He also submitted that “ it will be in the interest of justice for the court to grant the prayers being sought and also order the final forfeiture of the property to the Federal Government.” The judge, after listening to the submissions of the EFCC’ s counsel, ordered the final forfeiture of the five properties to the Federal Government in favour of NAPL. NNL.

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