The Federal High Court in Abuja has scheduled July 2 to deliver its ruling on an application by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of five additional properties allegedly linked to former Minister of Power, Saleh Mamman.
Justice James Omotosho fixed the date after counsel to the EFCC, Abbas Muhammed, and Mamman’s lawyer, Femi Atteh, SAN, adopted their respective processes and presented arguments for and against the application.
The properties targeted for forfeiture include Walijam Apartments located on Plot 435, Lobito Crescent, Wuse 2, Abuja; Bloom Luxury Suites Nigeria Limited in Unguwan Rimi, Kaduna State; two mansions situated at Nos. 11 and 13 Misratah Street, Wuse 2, Abuja; and A.U.A. Plaza on Plot 734, Kade Street, Wuse 2, Abuja.
At the commencement of proceedings, Atteh sought the court’s leave to withdraw an affidavit of facts filed on May 22 by a lawyer in his chambers. He apologised to the court, explaining that although he was not involved in filing the process, he accepted responsibility as head of the legal team and requested that the affidavit be struck out.
The EFCC did not oppose the request, and Justice Omotosho subsequently struck out the affidavit after it was formally withdrawn.
The anti-graft agency thereafter moved its application for a final forfeiture order. Muhammed informed the court that the motion, filed on May 25, sought a consequential order transferring the listed properties to the Federal Government.
Opposing the application, Atteh argued that the court had become functus officio following its judgment, conviction, and sentencing of Mamman. According to him, any further attempt to secure forfeiture of the properties should be pursued through a separate action.
The EFCC, however, disagreed, maintaining that the court retained jurisdiction to entertain the forfeiture application despite the judgment already delivered in the criminal case.
Muhammed argued that the court had previously found that about ₦22 billion was siphoned from the funds at issue, while recoveries made so far amounted to less than ₦2 billion. He further contended that although a notice of appeal had been filed, the appeal had not yet been entered, leaving the trial court with the authority to determine the forfeiture application.
In response, Atteh urged the court to dismiss the motion, arguing that some of the affected properties belong to persons who were not parties to the criminal proceedings and whose rights to fair hearing could be affected by the forfeiture order.
After hearing submissions from both parties, Justice Omotosho adjourned the matter until July 2 for ruling on the EFCC’s application.