The Abuja Division of the Federal High Court will, on May 28, hear the Economic and Financial Crimes Commission (EFCC)’s motion seeking an order for final forfeiture of N228.4 million linked to the former governor of Abia, Theodore Orji.
Justice Emeka Nwite adjourned the matter to hear the motion after the EFCC’s counsel, Fadila Yusuf, informed the court that the agency had complied with the earlier court order.
Upon the resumed hearing, Mr Nwite asked Ms Yusuf what was the position of the matter.
The lawyer said the matter was slated for a report of compliance.
She said, “I wish to state that we have complied by publishing the report” on the commission’s site and a newspaper as directed.
Ms Yusuf, therefore, applied for a date to move their motion on notice for final forfeiture, and the judge adjourned the matter until May 28 for the motion.
Justice Nwite had, on February 13, adjourned proceedings in the forfeiture case until April 7 (today).
The adjournment followed the inability of the EFCC to publish the interim forfeiture order of over N228.4 million in the national dailies as directed.
The lawyer had hinged the delay on the inability of her office to access the order on time to enable them to place the publication on their website and the newspaper.
Justice Nwite had, on January 3, granted an order of temporarily freezing the funds to the federal government on allegations of money laundering.
The judge, in that ruling on an ex-parte motion moved by Ms Yusuf, also directed the commission to make publication of the order on its website and Daily Trust Newspaper.
The judge directed that interested parties show cause within 14 days of the publication of the order why the money should not be permanently forfeited to the federal government.
Mr Orji also served as a two-term senator representing Abia Central Senatorial District before he retired from active politics.
The anti-graft agency had, in the motion ex-parte marked: FHC/ABJ/CS/03/V/2025, brought the suit pursuant to section 44(2)b) of the 1999 Constitution (as amended) and section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The motion dated December 30, 2024, and filed January 2 by Ms Yusuf, was also brought under the inherent jurisdiction of the court.
The lawyer sought an order granting interim freezing and forfeiture of N228,497,773.12 domiciled with Keystone Bank set out in the schedule attached to the federal government.
The lawyer, in her five-ground argument, said the money described in the schedule was the subject matter of investigation by the EFCC and found in the possession of Effdee Nigeria Ltd.
She said it was reasonably suspected to be the proceeds of unlawful activities.
“Effdee Nigeria Ltd is alleged to have conspired with others to defraud Abia State Government to wit: conspiracy, abuse of office, obtaining money by false pretence, money laundering and diversion of public funds.
“Effdee Nigeria Ltd, in whose possession the monies were found, is reasonably suspected to have conspired with Senator Theodore Ahamefule Orji, the former Governor of Abia State, some officials in the former governor’s administration and his family members,” she said.
Ms Yusuf said the EFCC was investigating them for the allegations following an intelligence report received by the commission against Mr Orji.
According to her, there is a need to preserve the money pending investigation and/or prosecution.
The anti-graft agency had, on February 28, arraigned Mr Orji and his son, Chinedum, a former speaker of the State House of Assembly, and Philip Nto, a former Commissioner for Finance, and others on alleged N47 billion fraud.
The others are a government contractor, Obioma King, and a former director of finance in the state, Romanus Madu.
The defendants, who pleaded not guilty, face a 16-count charge related to the alleged misappropriation of the funds.
They were, however, admitted to N50 million bail.
(NAN)
