- * Dismisses Emefiele's Application For Medical TRIP
By Celestine Okafor (Editor-in-Chief) @CelestineOkaf11
Justice Deinde I. Dipeolu of the Federal High Court sitting in Ikoyi, on Monday, July 15, 2024, ordered the final forfeiture of 20 cars stolen from Canada to Nigeria.
The cars are forfeited to the Federal Government of Nigeria.
The Judge gave the order following a motion on notice filed by the Economic and Financial Crimes Commission, EFCC.
The forfeited cars are: Black colour SUV 400, White 4MATIC Mercedez Benz; SUV MDX SH-AWD Acura; Grey colour SUV RS 350L Lexus; Deep Blue SUV RX 350 Lexus, White Toyota 4Runner 2015; White 2020 model Lexus RX 350; White 2019 Lexus RX 350, Black 2020 Model Lexus RX350, and Black Honda Ridgeline 2017 Model.
Others are: White Lexus RX 350 SPORT 2019 Model; Grey Lexus RX 350 2019 Model; Grey Toyota 4Runner 2018 Model; White Lexus RX 350 FS Sport 2019 Model; White Toyota Highlander XLE AWD 2017 Model; Black Toyota Highlander 2020 Model; Black Toyota Highlander 2018 Model; Black Mercedez Benz G550 2019 Model; Red Lexus Rx 350 2016 Model and White Mercedez Benz GLA 250 2018 Model.
Justice Dipeolu had, on May 27, 2024, ordered the interim forfeiture of the cars and also directed the publication of the order in any national newspaper for any interested person to appear before the court and show cause why it should not be finally forfeited.
At the sitting on Monday, the EFCC, through its counsel, R.A. Abdulrasheed, told the court that the Commission had complied with the order of the court regarding the publication.
Moving the motion for the final forfeiture order, Abdulrasheed told the court that the application was supported with a 17-paragraph affidavit deposed to by Olufemi Olukini, an investigator with the EFCC, and a written address.
The EFCC, in the affidavit, stated that “ Sometime in April, 2022, during an official meeting held at 7A Okoti-eboh Street, Ikoyi Lagos between officials of the Royal Canadian Mounted Police (RCM) and Lagos Zonal Command of EFCC officials passed a credible intelligence to the Commission which alleged: “That over 350 vehicles, which were comprehensively listed out on an excel sheet with their respective vehicle identification Number (VIN), were stolen from various locations in Canada and shipped to Nigeria.
“That these vehicles have been sold and/or being sold on an online website www.ii.com by some online vendors/agents,while others are displayed for sale at various car stands across the country.
“The cars are listed in a comprehensive excel sheet alongside some pictures and information on them. And that some of these vehicles are intercepted at the point of entry into Nigeria at Tincan Island port, Lagos.
“That our team commenced preliminary investigation into the case by identifying the Vehicle Identification Number (VIN) of each of the said stolen vehicles and subjecting them to analysis using Open Source Intelligence (OSINT).
“That preliminary results from the analysis revealed the vehicles were largely located across Lagos State metropolis, particularly Lekki at different car stands and places and the Nigerian ports pending clearance into the country. And that surveillance was, thereafter, carried out on the identified locations followed by sting operations which led to the physical location and identification of these vehicles. “
Continuing, the Commission further stated in the affidavit “ that about 40 of the stolen vehicles were initially located by the intelligence team, who thereafter brought a similar application in suit no. FHC/L/CS/2051/2023 between Economic and Financial Crimes Commission V. WILMON AUTOS NIGERIA LIMITED & 177 ORS wherein a final forfeiture order was granted by Honourable Justice D. I. Dipeolu on 6 March, 2024.
“That soon after the above order was granted, the intelligence team further located the vehicles listed in schedule 1 and 2 of this application,which necessitated this present suite.
“That the 13th to 20th respondents described in schedule 1 and 2 attached to this application were recovered as part of the stolen vehicles and shipped to Nigeria. And that the VIN of the vehicles corresponds with those of the stolen vehicles contained in the intelligence received from RCMP and no person has come forward to claim ownership of these vehicles.
“Investigation carried out revealed that the motor vehicles described aforesaid were stolen from Canada and shipped to Nigeria between March and June, 2022. And that most of these vehicles were insured and the insurance companies involved had indemnified the respective owners of the vehicles.
“That the insurance companies now stand in the position of the owners and delegated their interests to the Royal Canadian Mounted Police liaison officer with the Canadian Embassy in Nigeria to pursue their interests.
“That based on the facts stated on paragraphs 1-13 above, this Honourable Court on 27th May, 2024 granted an application for interim forfeiture and Order the Publication of the order. “
Abddulrasheed, therefore, prayed for “an order of the Court forfeiting to the Federal Government of Nigeria all the properties mentioned in the attached schedules of this application, which properties are reasonably suspected to have been acquired through stealing and with proceeds from other unlawful economic activities.
“An order of the Court empowering the Canadian Deputy High Commission in Nigeria or any other officer so designated by the office, to dispose off the forfeited properties mentioned in the attached schedules 1-2 of this application either by sale or return to the victims, subject to remittance of the statutory two percent from the proceeds to the EFCC Recovery Account.”
Justice Dipeolu, after listening to the submissions by Abdulrasheed,ordered the final forfeiture of the cars.
Meanwhile, Justice Hamza Mu'azu of the Federal Capital Territory, FCT High Court Maitama, Abuja on Tuesday, July 16, 2024 dismissed the application of a former governor of Central Bank of Nigeria, (CBN), Mr. Godwin Emefiele for a leave of the court to travel to the United Kingdom (UK) for medical examination, stating that there was no evidence to show that the defendant is plagued by any ailment.
Emefiele had through his lawyer, Labi-Lawal on Monday, July 8, 2024 filed an affidavit seeking the release of his passport to enable him embark on a UK medical trip, which was opposed by the Economic and Financial Crimes Commission, EFCC through its prosecution counsel, Muhammad Abbas Omeiza.
Omeiza, through a counter-affidavit, told the court that there was no medical report before it that showed that the defendant was plagued by an ailment, and if there was, no evidence was advanced by the defence to show that it could not be treated locally in Nigeria.
The prosecution counsel in addition noted that Emefiele deposited his passport with the court as part of the fulfilment of his bail conditions, arguing that releasing it to him would amount to the court varying his bail conditions.
Arguing also that Emefiele was a flight risk, the prosecution counsel noted that “the defendant has co-conspirators all over the world. One Anita and Tony are all aides of the defendant who are currently in the UK. The defendant might be tempted to jump bail because he is standing trial in three different courts.”
In response, the defence counsel dismissed the prosecution’s arguments as speculative, noting that the EFCC can issue an international red alert on Emefiele to enable his arrest if he made the foreign medical trip and refused to come back.
In dismissing the application on Tuesday,, Justice Mu'azu held that there was no medical report indicating that Emefiele was plagued by any ailment and that the fact that he is standing trial in three different courts was fatal to the application.
“It is an exercise of the court’s discretion to allow the defendant to go on a medical trip. The defendant through his counsel undertook an affidavit to produce him in court, and his offences are bailable and where there is need for the court to grant him the application to travel, the court should do so, but as it is, I failed to see any letter of medication in the defendant’s applications.
“As it stands, I cannot exercise my discretion to allow the defendant to travel out of the shores of the country, moreover he is also standing trial in three other courts, therefore the application has failed, and hereby dismissed,” the judge held.
The EFCC is prosecuting Emefiele on 20-count amended charges bordering on conferment of corrupt advantages, conspiracy, criminal breach of trust, forgery and obtaining by false pretences to the tune of $6,230,000.00 (Six Million, Two Hundred and Thirty Thousand United States Dollars). NNL.
