By Anthony Ogbonna

The former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Andrew Yakubu has filed an appeal at the Federal High Court, Kano demanding the refund of the $9.7m and £74,000 seized from him by the Economic and Financial Crimes Commission, EFCC, and which the court that sat in Kano had ruled that it be forfeited to the Federal Government.

In the appeal filed by his counsel, Mr. Ahmed Raji (SAN), Yakubu challenged the ruling of the Federal High Court presided over by Justice Zainab B. Abubakar, saying the court lacked the territorial jurisdiction to try the case since the crime was allegedly committed in Abuja, which is outside the territorial jurisdiction of the Kano court.

In a motion on notice with suit number FHC/ICN/CS/24/2017, Yakubu’s counsel, Raji argued that “by Section 45 of the Federal High Court Act, an offence shall be tried only by a court exercising jurisdiction in the area or place where the offence was committed. No aspect of the perceived offence in respect of which the Order of 13th February, 2017 was made, was committed within the Kano judicial division of this Honourable Court,” Raji said.

He said, “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 (hereinafter “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 13th February, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (hereinafter “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 before the Order was made. “In the instant case, no charge was brought against the Respondent/Applicant before the provisions of Section 28 and 29 of the EFCC Act were activated to grant the ex-parte Order of 13th February, 2017.”

Recall that the Federal High Court which sat in Kano on the 13th February, 2017 and presided over by Justice Zainab B. Abubakar, had ordered the forfeiture of the sum of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) recovered from Mr. Andrew Yakubu to the Federal Government.

In a press release signed by Wilson Uwujaren, EFCC Head Media & Publicity, the order was sequel to an ex parte application by the EFCC seeking an interim forfeiture of the recovered money to the Federal Government. The ex parte application was moved by Salihu Sani, counsel for the applicant.

In her ruling, Justice Zainab had held “That the sum of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) which are now in the custody of the applicant (EFCC) are in the interim forfeited to the Federal Government of Nigeria.

It would also be recalled that, on the 3rd day of February, 2017, operatives of the Commission had stormed a building belonging to the former NNPC boss and recovered the staggering sum of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) stashed in a huge fire proof safe.

However, Mr. Yakubu has long said the money seized from him were gifts from persons he did not mention. Recall also that on February 8, 2017, Andrew Yakubu had reported to the Commission’s Zonal office in Kano and made statement wherein he admitted ownership of the recovered money, claiming it was gift from unnamed persons. Yakubu was GMD of the NNPC between 2012 and 2014.

http://www.vanguardngr.com/2017/02/andrew-yakubu-asks-court-return-seized-looted-9-7m-74000/

This guy get mind ooo!!! Such effrontery . Person way dem suppose don put tyre 4 him neck!!(i dont support jungle justice but will make an exception for this case) Ole oshi!!!! With hin face like low budget sponge cake!!

supported.....if they have any evidence that the money was stolen, why not arrest and persecute him....why seize only the money, or is stealing no longer corruption?..

I said it before some useless lawyer would come and start yarning opata. Let Andrew name the people who gifted him the cash naaa if truly they were gifts. Nansense

Kweeeke!

What drives these people to embark on this kind of primitive accumulation of wealth?

They steal for themselves and their progeny, down to the 10th generation.

It is only in Nigeria that ex and serving government officials will have such hideous wealth stashed in different nooks, and when confronted, they will boldly give silly excuses. The judge who got monetary 'gifts' for different 'burials' comes to mind.

The plagues of Egypt be upon them!

Nothing short of the death penalty will deter these satanic bastards from stealing.

What arrant shamelessness. What impudent, insulting and cheeky denial. The mind boggles.

This is the reason we keep saying jungle justice or summary execution, or disappearance are best for these crooks.

Imagine the nerve!

Lolzzz

take your money

emmanuel1990:
supported.....if they have any evidence that the money was stolen, why not arrest and persecute him....why seize only the money, or is stealing no longer corruption?..

Imagine wetin this one village people don do am! Odikwa very baaad!

Ishilove:
Kweeeke!

My looove!! Where the hell have you been?

and they will release it to him

omenkaLives:
My looove!! Where the hell have you been?

Omenka are you okay?who are you calling your love?take time you hear?

Seems the FG doesn't have enough evidence for prosecution.

The problem with some Nigerians is that they're easily excited by stories of funds or loot recovery, they fail to realise that d government riding roughshod over everything will always get tripped up by the law! There must be due process! Allow the system to work and stop titillating zombies with dead news on d press all the time!

soberdrunk:
This guy get mind ooo!!! Such effrontery . Person way dem suppose don put tyre 4 him neck!!(i dont support jungle justice but will make an exception for this case) Ole oshi!!!!

That's how you know Nigeria's solution's a long way off

Where poor dissidents are killed for stealing loaves of bread to quell the rumblings of aching tummies by the self-same id10ts who worship the looters of multi-billion dollar heritages.

Is it because they're not being shot dead?

We are seeing the effects of loopholes deliberately fostered in the system by successive governments, over time, now fully manifesting.

stealing with brazen failure of being ashamed


But is he mad?

This man...?

How how I wish Santo could strike all our leaders that have stolen our resources.

HungerBAD:


He is my brother.

That makes him my brother in-law

babdap:
How how I wish Santo could strike all our leaders that have stolen our resources.

You mean 'Sango'?

Roger that. They should also be struck with elephantiasis of the scrotum

They have no shame whatsoever, but I'm not surprised their mother in thievery
PATENTED EGBERE JOESATAN


Also filed for return of her loot

HungerBAD:


Omenka are you okay?who are you calling your love?take time you hear?

Baba, i first you come oo. You would do yourself a world of good if you didnt encroach on my teritory. I'd go boko on your asss without a warning!

omenkaLives:
Baba, i first you come oo. You would do yourself a world of good if you didnt encroach on my teritory. I'd go boko on your asss without a warning!

You first me come as how?let us settle this matter like men outside.

Oya make we chat for BB.

We for APC no dey fight each other.

HungerBAD:


You first me come as how?let us settle this matter like men outside.

Oya make we chat for BB.

We for APC no dey fight each other.

Oya naw. Pm for sure pass. I don dash person the bb.

This thief needs to be Lynch.oya bring tyre,fuel and matches.

I recommend Death By Hanging for anyone found with money beyond their means; or rather anyone who loot beyond 5Million should be made to face firing squad. Finito!

omenkaLives:
Na one mod send me to Kiri kiri oo. Clapped back at some pesky dolt months back and he brought the hammer down on me real hard.

Back a law abiding citizen. Hope you've been hundreds. Always a pleasure having you around.

Welcome back, dear. Likewise