A Federal High Court sitting in Lagos, Southwest Nigeria on Friday ordered the permanent forfeiture of a total of N1,442,384,857.84 found in the bank accounts of three firms, which allegedly impersonated the consultants engaged by the Nigeria Governors’ Forum to analyse the Paris/London Club loan refunds due to the states, to the federal government.
The Economic and Financial Crimes Commission, EFCC, which obtained the forfeiture order, claimed that the defendants obtained N3.5bn from the Nigeria Governors’ Forum by making false claims.
Listed as defendants in the final forfeiture application filed before the 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 governors’ forum 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.”
The EFCC said the original firms engaged by the governors’ forum were GSCL Consulting and Bizplus Consulting Services Limited.
An investigator with the EFCC, Usman Zakari, said the alter ego of the first defendant, Melrose General Services Limited, Robert Mbonu, made a false representation to the governors’ forum, causing the forum to pay N3.5bn to his company on December 14, 2016.
Zakari said the money was credited into the Access Bank account of Melrose General Services Limited, adding that the respondents dissipated and laundered about N2.3bn out of the money between December 15, 2016, and January 20, 2017, leaving a balance of N1.2bn.
Zakari said the anti-graft agency had recovered N220m out of the laundered sum from the second and third respondents.
EFCC had on October 13, 2017 obtained an interim order from Justice Mojisola Olatoregun, placing a “Post No Debit” order on the accounts containing the N1.2bn and N220m.
The judge made the order following an application filed and argued by counsel for the EFCC, Ekene Iheanacho, who said it would best serve the interest of justice for the respondents to be ordered to forfeit the N1.4bn temporarily to prevent them from dissipating same.
The judge, after granting the interim freezing order last year, directed the EFCC to publish the order in a national daily.
She ordered anyone interested in the funds 14 days to appear before her to show cause why the funds should not be forfeited permanently.
Subsequently, one Prince Godwin Maduka and Linas International Limited showed up before the court, praying separately that the funds should be forfeited to them.
Maduka claimed that his firm, Udemgaba Maduka & Associates, was engaged in 2011 as a consultant by Zamfara State Government to help the state recover some hanging funds, with an agreement that it would be paid 20 per cent of the recovered funds but that after the assignment, they were not paid.
He urged the court to forfeit the N1.4bn to his company to cover Zamfara State’s alleged indebtedness to him.
But EFCC opposed Maduka’s application, contending that the suit was not a debt recovery suit and that Zamfara State was not a party to the suit.
In a ruling, Justice Olatoregun upheld the EFCC’s argument and dismissed Maduka’s application.
On its own part, Linas International Limited said it was entitled to the payment of $6m from Nigeria Governors’ Forum.
But Justice Olatoregun equally dismissed its claim, holding that the suit was not a debt recovery suit.
Having dismissed both claims, the judge ordered the permanent forfeiture of the N1.4bn to the Federal Government.
