Appeal Court Okays Final Forfeiture of N1.4bn Paris Club Refund

The Court of Appeal in Lagos on Friday approved the request of
the Economic and Financial Crimes Commission (EFCC) for the final
forfeiture of N1.4billion which a firm, Melrose General Services
Limited, obtained from the Nigeria Governors’ Forum (NGF) through
alleged false claims.

Melrose is allegedly linked to outgoing Senate President, Dr
Bukola Saraki, whose two aides- Gbenga Makanjuola and Kolawole
Shittu are being prosecuted by the EFCC in respect of the
matter.

Justice Cecilia Olatoregun of the Federal High Court in Lagos
had on April 27, 2018 ordered the final forfeiture of the said
N1.4billion to the Federal Government.

Dissatisfied with the verdict of Justice Olatoregun, Melrose
General Services approached the appellate court for redress, asking
it to set aside the pronouncement of the lower court.

But in its judgement on the matter on Friday, the Court of
Appeal dismissed the appeal of Melrose (the appellant) and resolved
the four contentious issues in favour of the EFCC (the first
respondent).

The appellate court further held that Melrose appeal lacked
merit and ordered the firm to pay 100,000 cost to the EFCC.

The appellate court also held that Melrose could not show that
the said funds were lawfully earned by it.

It added that section 17 of the Advance Fee Fraud Act, 2006,
which the EFCC relied on to seek for the forfeiture of the said
funds was constitutional.

According to the Court of Appeal, Melrose was not denied fair
hearing in the matter.

Justice of the Court of Appeal (JCA), Justice Tijjani Abubakar
wrote the lead judgement, Justice E. Tobi delivered the judgment
while Justice O. A. Obaseki-Adejumo concurred with the verdict.

Lawyer to the Melrose, Mr Olawale Akoni (SAN) argued the appeal
while the lawyer to the EFCC, Mr Ekele Iheanacho, appeared for the
Commission.

The EFCC had claimed that Melrose obtained N3.5bn from the
Nigeria Governors’ Forum by making false claims.

Listed as defendants in the final forfeiture application filed
before the Federal High Court were Melrose General Services
Limited, WASP Networks Limited and Thebe Wellness Services.

The firms were accused of impersonating a consortium of
consulting firms engaged by the NGF for the “verification,
reconciliation and recovery of over-deductions on Paris and London
Club Loans on the accounts of states and local governments between
1995 and 2002.”

But the EFCC insisted that the original firms engaged by the
Governors’ Forum were GSCL Consulting and Bizplus Consulting
Services Limited.‎

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