The Economic and Financial Crimes Commission has said that it
has the powers to dispose of the assets retrieved from late former
Chief of Defence Staff, Alex Badeh, the way it deemed fit.
In handing over a mansion in Abuja forfeited by Badeh to the
Voice of Nigeria, the Commission said it acted within the law and
in accordance with the guidelines on the management of forfeited
properties.
The said forfeited property was one of the assets retrieved from
the ex-CDS, who until his death in December last year, was being
prosecuted by the EFCC in an N3.9billion money laundering case.
The acting EFCC spokesman, Tony Orilade, in a statement in Abuja
on Friday, averred that the Secretary of the anti-graft body was
empowered by Section 31 of the EFCC Establishment Act, 2004, to
dispose of the forfeited property.
It said, “Section 31 of the EFCC Establishment Act, 2004 which
deals with ‘Final Disposal of Forfeited Property,’ stipulates that
‘Upon receipt of a final order, pursuant to this section, the
Secretary to the Commission shall take steps to dispose of the
property concerned by sale or otherwise.’
“We, therefore, wish to state with a high sense of
responsibility that there is no ambiguity regarding who has the
power to superintend the disposal of forfeited assets. It is within
the power of the Secretary to the Commission, and he duly exercised
the powers of his office by handing the property to VON.”
The Commission pointed out that exceptions to the case were
instances where judicial pronouncements are made by trial judges on
how proceeds of crime were to be disposed of.
It cited the convictions of former governors Joshua Dariye of
Plateau State and the late Diepreye Alamieyeseigha of Bayelsa
State, where their respective states were the beneficiaries of the
forfeitures, noting that the trial judges explicitly ordered that
their forfeited assets should be channelled back to their states,
who were deemed the rightful owners.
“In Badeh’s case, the court’s verdict in the final forfeiture of
the property was to the federal government and the judge
understands that the Secretary to the Commission has the power to
dispose of the asset by sale or otherwise.
“As a law enforcement agency, the Commission is guided by
approved rules of engagement as it strives to deliver on its
mandate,” the agency stated.
The Commission also kicked against calls for the signing of the
Proceeds of Crime Bill into law, saying it would “not only cripple
the operations and the efficiency of the EFCC but will jeopardize
the anti-corruption drive of Mr President and reverse the gains
already recorded by this administration.”
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