The Senator Representing Delta North senatorial zone, Peter Nwaoboshi has applied to the Federal High Court in Abuja to vacate an order of interim forfeiture of his alleged assets given on July 2, 2019.
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The Presiding Judge, Justice Taiwo Taiwo had in its ruling on an ex parte application filed by the Special Presidential Investigative Panel for the Recovery of Public Property, against the senator for non- declaration of assets, issued an order for the interim forfeiture of 11 houses and 22 bank accounts linked to the Delta-North Senator.
However, in a motion on notice filed on July 5, 2019 by his counsel, Muhammad Katu, Senator Nwaoboshi argued that the court’s order of interim forfeiture of his assets constitutes an abuse of court processes, more so, that the court lacks jurisdiction on the matter.
According to Katu, his client had on June 8, 2019 obtained an order from the same court restraining the Chairman of the Special Presidential Investigative Panel for the Recovery of Public Property, Okoi Obono -Obla and the Inspector General of Police for maintenance of status quo on the matter as at 31st of May 2019, pending the final determination of the applicant’s originating motion on notice.
He, therefore, wondered why the court will order for interim forfeiture of his assets despite a subsisting order for all parties to maintain status quo on the matter.
Katu further argued that the same federal government through the Economic and Financial Crimes Commission (EFCC) has also charged the senator before the same Federal High Court on the same subject matter on 13th April, 2018 with charge number FHC/ L/ 117C/ 2018, a case which he says is still pending before the federal high court.
According to Katu, prior to the granting of an order of interim forfeiture of Senator Nwaoboshi’s assets, the office of the Attorney General of the federation in reliance with court of appeal decision in the case of Federal Republic of Nigeria vs Ibrahim Musa Tumsah and one other, held that the Presidential Investigative Panel for the Recovery of Public Property, does not have the power of prosecution, And therefore, directed the panel transfer the case file to Federal Ministry of Justice for further necessary action.
He went further to explain that the directive has been complied with by the Federal High Court since 12th of June, 2019.
Senator Nwaoboshi’s lawyer described his judicial trial as the handiwork of his political opponents bent on tarnishing his rising political profile especially in his Delta North Senatorial zone.
Part of the motion reads, “an order of interim injunction retraining the respondents, by themselves or any one of them, their servants. Agents, officials, and/or privies from continuing to harass, intimidate, threaten and or disturb the applicant over and concerning any alleged declaration of assets; and in particular, from taking any of step or further step or action in furtherance of the purported notice to declare assets.’
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