The Federal High Court, Abuja Division, on Thursday, ordered the final forfeiture of two properties linked to a Federal Inland Revenue Services worker, Aminu Garunbaba, to the federal government.
The properties include a four-bedroom terrace maisonette with BQ at Barumark Groove Estate, Plot 667, Cadastral Zone, BO3, Wuye District, Abuja and bought by Mr Garunbaba in the name of MYZ Venture.
The second property, located at No. 5 Lodge Road, Kano, was also said to have been purchased by Mr Garunbaba.
Justice Obiora Egwuatu, in a judgment, held that Mr Garunbaba failed to show the instrument he used to purchase the property.
The judge held that the respondent also failed to show any reasonable cause that the funds used in purchasing the property were from his legitimate earnings.
“A person cannot be allowed to benefit from illegitimate acts,” he said.
The judge dismissed the preliminary objection filed by Mr Garunbaba on the grounds that the objector did not discharge the burden to prove that the particular paragraphs in the EFCC’s application offended the Evidence Act.
He agreed with counsel to the Economic and Financial Crimes Commission, Martha Babatunde, that a public officer can be investigated and prosecuted before an administrative disciplinary action is taken.
The EFCC had, in the suit marked: FHC/ABJ/CS/876/2021 filed by Ekele Iheanacho, sued Aminu Sidi Garunbaba as sole respondent. In the motion on notice dated March 16, 2022, but filed on March 21, 2022, the anti-graft agency prayed for a final order of the court “forfeiting the properties described in Schedule 1 which were found by the commission on the respondent as properties reasonably suspected to be proceeds of unlawful activities.”
Giving four grounds, the EFCC argued that the court had the statutory powers under the provision of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, to grant the reliefs being sought.
It said, “The properties sought to be attached and forfeited are reasonably suspected to be proceeds of unlawful activities. The interim order of this honourable court has been published in two national dailies, THISDAY and PUNCH Newspapers. No cause or sufficient cause has been shown why the properties under the interim forfeiture should not be finally forfeited to the Federal Government of Nigeria.”
In the affidavit in support of the motion deposed to by an operative of the EFCC, Apagu Wudah, the officer said several investigations were carried out regarding the assets. He said that as an investigating officer with the Economic Governance Section of the agency, he was assigned to investigate an intelligence report bordering on criminal conspiracy, stealing, abuse of office, and money laundering among some FIRS.
Mr Wudah said the investigation revealed that between 2017 and 2018, Garunbaba and some of the staff of the FIRS conspired amongst themselves and obtained millions of naira from the FIRS under the guise of duty tour allowances, which they never travelled for.
He said that in executing the fraud, the staff involved applied for DTA concerning a non-existing trip. According to him, upon being paid the DTA, the staff would deduct 10 to 15 per cent of the amount paid as their share, while the rest amount was withdrawn and transmitted to other senior officials of the agency, who in turn also retained some while passing the rest up to the former director of finance and the coordinating director.
Mr Wudah said Mr Garunbaba, in explaining how he shared part of the entire funds, wrote some startling revelations in his extra-judicial statement made in the presence of his legal representative on May 23, 2019.
He said the respondent revealed that a total sum of N269,335,750 was given to Peter Hena (N145,000,000), Bello Auta (N95,000,000), and Aminu Sidi (N29,336,750).
He said Mr Garunbaba confessed that the money was given in cash at the FIRS office.
The investigator said Mr Garunbaba received part of the above-diverted funds through his Stanbic IBTC Bank account number 9301540597, while the rest was in cash from other staff.
He said Mr Garunbaba also converted most of these funds into US dollars through a bureau de change operator — Wan Jafar Shehu.
The EFCC operative said in 2018, Mr Garunbaba purchased the four-bedroom terrace maisonette from Barumark Investment and Development Company Ltd (Barumark) at N65 million.
He said the money was paid through his First Bank account number, 3040986059, to Barumark’s First Bank account. He said Mr Garunbaba purchased the property at No.5 Lodge Road in Kano at N39 million from Alakhillau Enterprises, which Adamu Muhammed operates.
Mr Wudah said Mr Garunbaba was a public servant on a fixed annual salary whose lawful income was not used to purchase the property described.
He said the assets were purchased at the time Mr Garunbaba was receiving and diverting funds paid as DTA by the FIRS to him and his colleagues.
NAN
