A federal high court in Lagos has ordered the final forfeiture of N2.24 billion reportedly seized from Adesola Amosu, former chief of air staff, to the federal government.
While delivering a judgement at the resumed hearing on Wednesday, Mojisola Olatoregun, the presiding judge, maintained that the funds were “proceeds of an unlawful activity”.
Olatoregun also ordered final forfeiture of N190 million recovered by EFCC from Olugbenga Gbadebo, a former air force director of finance and budget, and N101 million recovered from Solomon Enterprises, a company linked to Amosu.
In June 2018, the judge had ordered that the funds be temporarily forfeited to the federal government following an ex-parte application by the EFCC.
Olatoregun had directed the anti-graft agency to publish the interim order in national newspapers for any interested part to show why the final order of forfeiture should not be made in favour of the federal government.
Consequently, Amosu and Bolaji Adigun, another interest party, filed a counter-application, stating that the funds were not illegal but proceeds of their personal businesses.
The judge struck out the applications, insisting that the parties had failed to establish that the funds were obtained lawfully.
“Upon examination of the two applications from the first respondent (Amosu) and the interested party, dated July 28, 2018, and asking that the interim orders be set aside, I found nothing to set aside the order,” the judge said.
“The affidavits filed disclosed no reason why the order of final forfeiture should not be made; the applications are hereby dismissed. The only conclusion I can reach is that these funds are proceeds of an unlawful activity.
“I hereby order the final forfeiture of these sums to the Federal Government of Nigeria: N2,244,500,000, N190,828,978.15 and N101 million.
“The funds should be paid into the nominated GTB treasury single account of the Federal Government and an affidavit of compliance filed within 14 days.”