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Key Highlights
- A former GMD of NNPC has sued the EFCC,CBN and a industrial financial institution in Nigeria.
- He filed the swimsuit on the Abuja division of the federal excessive courtroom.
- He’s looking for an order directing the defendants to instantly launch $9.8million seized from him by the EFCC.
The previous Group Managing Director (GMD), Nigerian Nationwide Petroleum Company (NNPC), Andrew Yakubu has Instituted a swimsuit towards the Central Financial institution of Nigeria (CBN) and the Financial and Monetary Crime Fee (EFCC).
Mr Andrew sued CBN and EFCC alongside a industrial financial institution, for his or her refusal to launch the sum of $9.8 million which belonged to him.
The swimsuit marked: FHC/ABJ/CS/231/2023 is earlier than Justice Inyang Ekwo of the Federal Excessive Court docket Abuja.
The swimsuit
Yakubu, by way of his counsel, Ahmed Raji, SAN, filed the swimsuit looking for an order directing the defendants to instantly launch the monies to him in view of the courtroom judgment.
Within the originating summon filed on March 8, Andrew is asking the courtroom whether or not the EFCC must nonetheless have his seized monies in its custody after a judgment in his favor on March 31, 2022.
He additionally requested the courtroom “whether or not the courtroom didn’t develop into dominus litis of the respective sums of $9,773,200 and £74,000 belonging to” him when identical was put in situation, and in proof earlier than the courtroom in cost quantity: FHC/ABJ/CR/43/2017 between Federal Republic of Nigeria v. Engr Andrew Yakubu, and in respect of which judgment was delivered on the thirty first of March, 2022.”
“Whether or not the monies ought to not be launched to him forthwith, or paid into an account below the management of the registry of the courtroom, pending the result of the attraction lodged by the EFCC towards the mentioned judgment.”
He sought “An order directing the respondents to instantly switch the mentioned monies into an account below the management of the FHC chief registrar or into an account to be operated by the chief registrar, the EFCC and him, pending the willpower of the attraction.
Nevertheless, in a discover of preliminary objection the EFCC requested the courtroom to dismiss the swimsuit.
EFCC argued that the swimsuit constituted an abuse of courtroom course of and that the courtroom lacked the jurisdiction to entertain the matter.
The EFCC additionally knowledgeable the courtroom that two different appeals arising from the case, are pending on the Supreme Court docket with attraction quantity:. SC/CR/241/2020, between the Federal Authorities and Yakubu, and attraction quantity: $C/CR/223/2020 between Yakubu and FG.
They famous that an attraction relating to the mentioned judgment is earlier than the courtroom of attraction in Abuja.
EFCC averred that whereas ready for the apex courtroom to repair a date for listening to, Mr. Andrew introduced an utility asking the supreme courtroom to direct the fee to deposit the monies in a checking account to be managed by the registry of the Supreme Court docket.
The EFCC prayed the courtroom to discountenance Andrew’s utility and uphold its preliminary objection within the curiosity of justice.
At present’s proceedings
On the resumption of listening to immediately, Andrew’s lawyer, A.A. Usman knowledgeable the courtroom that they have been in receipt of counter affidavits from the defendants and they might want time to reply.
GTB’s lawyer, Idaye Imbu, additionally informed the choose {that a} movement to regularize their processes had been filed.
The courtroom granted the Financial institution’s prayer as different get together’s didn’t oppose to it, however subsequently, Justice Ekwo adjourned the matter till Could 18 for listening to.
Backstory
In 2017, the EFCC had raided Mr Andrew’s home and seized $9,772, 800 alongside £74,000 from his residence,
The EFCC suspecting that the funds have been proceeds of crime, arraigned him on March 16, 2017 on a six-count cost bordering on cash laundering.
- Mr Yakubu pleaded not responsible to the costs proffered towards him by the EFCC.
- In counts 3 and 4 of the costs, the EFCC argued that Mr. Yakubu acquired the cash with out going by way of a monetary establishment as acknowledged below the cash laundering prohibition act.
- They submitted that Part 1(A) of the cash laundering prohibition act states that “No particular person shall, besides in a transaction by way of a monetary establishment, make or settle for money cost of a sum exceeding N5 million or its equal.“
- Mr. Yakubu in his testimony informed the courtroom that the cash was acquired in trenches and never in bulk and that the cash was as goodwill from his well-wishers after he left workplace in 2014.
- He informed the courtroom that the aim of maintaining the cash at residence was to think about a enterprise enterprise that he’ll put money into.
- The EFCC sought an order for the interim forfeiture of the cash which was granted by the federal excessive courtroom, Kano division.
- On Could 16, 2019, the trial courtroom struck out depend one and two of the costs.
- Not glad with the choice of the trial courtroom, Mr Yakubu appealed the choice of the decrease courtroom
- On December 5, 2018, In an attraction marked: SC/639/2018, Mr Yakubu filed a no case submission on the appellate courtroom.
- On April 24, 2020, the courtroom of attraction in its judgement, struck out depend 5 and 6 of the costs ordering Mr. Yakubu to open his protection in depend 3 and 4.
- Depend 3 and 4 bordered round Mr. Yakubu’s failure to make full disclosure of his belongings to EFCC upon his arrest and receiving money, with out going by way of a monetary establishment in violation of Part 1(1) of the Cash Laundering Act, 2011 which is punishable below Part 16(2)(b) of the Act.
- Consequently events returned to the federal excessive courtroom for continuation of trial.
On March 31,2022, Justice Ahmed Mohammed discharged and acquitted Mr. Andrew of the cash laundering prices towards him by EFCC.
Whereas delivering the judgment, the choose held that the EFCC didn’t show its case past cheap doubt and he additionally went forward and ordered the EFCC to launch the mentioned cash seized from Mr. Andrew’s residence.
Nevertheless, the EFCC says that it has appealed the choice of the trial courtroom earlier than the courtroom of Enchantment in Abuja.
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