$2.8m Seizure: Court refuses to vacate interim order

Hon. Justice A.T. Mohammed of the Federal High Court sitting in
Port Harcourt on Thursday, January 4, 2019 refused to vacate the
interim forfeiture order it granted on December 28, 2018 in respect
of $2.8 million (Two Million, Eighty Hundred Thousand United States
Dollars) which was seized by the Economic and Financial Crimes
Commission, EFCC, Enugu Zonal Office.

It would be recalled that based on intelligence report, the EFCC
had on Thursday, December 20, 2018, intercepted the said money at
Akanu Ibiam International Airport, Enugu, from two persons: Ighoh
Augustine and Ezekwe Emmanuel who are suspected to be money
launderers.

While filing application for interim forfeiture on December 24,
2018, the Commission had also filed an affidavit of urgency for the
matter to be heard before a vacation Judge sitting in Port
Harcourt.

The vacation Judge, Justice A. T. Mohammed had on December 28,
2018, ruled in favour of the Commission, as the court granted the
order of interim forfeiture, pending the determination of the
case.

At the resumed hearing of the case on Friday, January 4, 2019,
Charles Ajuya, SAN, appeared for the Respondents and prayed the
Court to vacate the interim order.

But the EFCC counsel, Anasoh Onyedikachi Henry, who filed eight
paragraphs Affidavit of Facts stated the progress made by the
Commission in the investigation. He also presented before the
court, the newspaper publication in respect of the court order.

The EFCC counsel further argued that the defence was wrong to
have asked for vacation of the court order since the Exparte is
still subsisting.

In his ruling, the judge upheld the arguments of the prosecution
and said that since the publication of the interim forfeiture order
was a public knowledge, the defence should be prepared to proof
their case rather than come to court seeking for the vacation of
the order.

He, however, directed that since the period of court vacation
ended on January 4, 2019, “the case file is hereby transferred to
Enugu Division for continuation of the case”.

It would be recalled that the suspects had confessed during
interrogation that they have been in the business of moving cash
for “some notable banks”, for over six years and were in the
process of doing same for Union Bank Plc, located at New Market,
Onitsha, Anambra State, before their arrest.

They also claimed to be working for Bankers Warehouse
Limited.