Court Okays Seizure Of Accounts, Assets Traced To Retired Judge, NDDC Director

A Federal High Court in Abuja has ordered a temporary freezing
of accounts and seizure of immovable property belonging to a
retired judge and a director with the Niger Delta Development
Commission (NDDC).

The judge, identified as Maegaret Igbetar Movihinze, was said to
have recently retired from the service of the Benue State
Judiciary.

She was alleged to have opened and operated an account in
Ecobank in the name of her maid, Theodora Atsu.

The NDDC official, identified as Solomon Okpa Ita, was accused
of being a shareholder and director of a private company – Agare
Wills Limited – while she was still a public servant in the employ
of the regional commission.

Following two ex parte motions filed by the Independent Corrupt
Practices and Other Related Offences Commission (ICPC) and argued
by its lawyer Osuobeni Akponimisinga, Justice Taiwo Taiwo, in a
ruling on August 19, granted all the reliefs sought.

Justice Taiwo ordered the ICPC to publish the reliefs granted in
a national daily and for the affected parties to show why the
assets should not be finally forfeited to the government.

The first motion has Igbetar Movihinze Maegaret and Atsu
Theodora as respondents.

The reliefs granted in the motion include:

* An order of interim forfeiture of N840,921,929.51, being
proceeds of some unlawful activity allegedly stashed in Ecobank
with account number 4701000812 in the name of Theodora Atsu.

* An order of interim forfeiture of N3,688.27 standing as
current balance other than the fixed deposit amount, being proceeds
of some unlawful activity allegedly stashed in Ecobank with account
number 4701000812 in the name of Theodora Atsu.

* An order restraining any person or persons, whether human,
juristic or artificial, not to part with, deal with, deal in or
otherwise dispose of such property or any part thereof on account
number 4701000812, pending the determination of the matter.”

The ICPC, in seeking the reliefs, stated that “the victim of the
alleged crime is the Federal Government of Nigeria and innocent
taxpayers, who include judges of courts across Nigeria”.

It added: “The moveable properties are alleged to have been
acquired through some unlawful activities, which proceeds, if not
illicitly taken from the coffers of the Federal Government of
Nigeria, same would have been used to meet the infrastructural
needs of the citizens and development of the nation.

“The alleged owners, in the course of investigation,
particularly the first respondent, opened the suspicious account
with stolen identity, that is, she used her passport photograph to
open the suspicious account in the name Theodora Atsu to avoid
being noticed.

“The first respondent is a retired judge, and she may have used
her position to acquire the illicit funds and hide same in the name
of the Theodora Atsu.

“The respondents may likely dissipate the alleged suspicious
moveable properties should the court not intervene at this moment
to preserve the res (subject of the case).

“The alleged moveable properties may likely be used by the
respondents to fund activities that may make the country unstable
and ungovernable by the present administration, which may also
spill over to successive administrations in the future.”

In a supporting affidavit, an operative of the ICPC, Markus
Iliya said the commission received intelligence that the
respondents were involved in some unlawful activity against the
interest of the Federal Government.

“The commission, upon preliminary investigation into the
intelligence report, found that the first respondent is a retired
judge, wherein she allegedly used her passport-size photograph to
open an account with Ecobank in the name of Theodora Atsu – the
second respondent – with number 4701000812. “

“The second respondent is the house maid of the first
respondent. From the preliminary investigation, the alleged
suspicious funds are proceeds of crime.

“The applicant (ICPC) has begun a thorough investigation around
the first and second respondents to x-ray other facts, which are
likely to be more shocking and ground breaking.”

The second motion has Agare Wills Limited and Solomon Okpa Ita
listed as respondents.

The reliefs granted in relation to the motion
include:

* An order of interim forfeiture of the following immovable
properties described as Agare Wills Petroleum/Gas Station Limited,
located at Parliamentary Extension Expressway, Calabar, Cross River
State, and Agare Wills Event Centre and warehouse situate at
Parliamentary Extension Expressway, Calabar, Cross River State,
being immovable properties linked to Agare Wills Limited and
Solomon Okpa Ita during preliminary investigation as proceeds of
some unlawful activity.

* An order of this honourable court directing the applicant to
publish a notice in the national newspapers calling for persons
having interest in the moveable and immovable properties described
in prayers one above, to show cause in court why the properties so
described should not be finally forfeited to the Federal Government
of Nigeria.

The grounds, on which the applicant relied in seeking the
reliefs, included that “the victim of the alleged crime is the
Federal Government of Nigeria and innocent taxpayers, which include
judges of courts across Nigeria.

“The immovable properties are alleged to have been acquired with
proceeds of crime, which proceeds, if not illicitly taken from the
coffers of the Federal Government of Nigeria, same would have been
used to meet the infrastructural needs of the citizens and
development of the nation.

“The alleged owners, in course of investigation activities, were
unable to account for, with cogent proofs, how they came about the
alleged immovable properties.

“The second respondent (Solomon Okpa Ita), who doubles as
shareholder and director of Agare Wills Ltd, his legitimate
earnings are far less than the value of the alleged immovable
properties, being a public servant in the employment of the Niger
Delta Development Commission (NDDC).

“The respondents may likely sell off or dissipate the alleged
immovable properties to unsuspecting members of the public for
value, should the court not intervene at this moment

“The alleged movable properties may likely be used by the
respondents to fund activities that may make the country unstable
and ungovernable by the present administration, which may also
spill over to successive administration in the future.”

Subscribe ToNairalaw News!