By Lukman Olabiyi, Lagos
Justice Kehinde Ogundare of the Federal High Court, Lagos, has ordered the final forfeiture of $16,500 USD and N127 million, fraudulently diverted from the Nigerian Maritime Administration and Safety Agency (NIMASA), to the Federal Government of Nigeria.
The court order follows an application by the Economic and Financial Crimes Commission (EFCC) lawyer, Sulaiman I. Sulaiman.
The EFCC stated that these funds were proceeds of unlawful activities. The interim forfeiture was initially ordered on 23 May 2024 and subsequently advertised in a national newspaper, as required by the court, to allow any interested parties to show cause why the monies should not be permanently forfeited.
During the final forfeiture hearing, Sulaiman informed the court that the publication was made in *The Punch* newspaper on 6 June 2024. He supported the application with a 22-paragraph affidavit, deposed by EFCC investigator Oghare Ogbole, and included two exhibits: the interim court order and the newspaper publication.
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Justice Ogundare granted the order as prayed. The affidavit revealed that on 2 October 2013, NIMASA, under Dr Ziakede Patrick Akpobolokemi, requested N1,123.4 billion for International Ship and Port Security (ISPS) projects. The then-President, Dr Goodluck Jonathan, approved the sum through the National Security Adviser.
The funds were deposited into an account managed by NIMASA officials, but a large portion was diverted to companies linked to Uche Obilor, a close associate of the committee chairman, Captain Ezekiel Bala Agaba.
Investigations revealed that the funds were converted to US dollars and used for personal purposes without providing any services to NIMASA. Some amounts were transferred to various individuals and companies for conversion to US dollars and handed over to Captain Agaba.
The EFCC recovered $16,500 USD during the investigation, and Obilor agreed to return N118 million of the fraudulently obtained funds.
The court ruled that the funds be forfeited to the government, as they were deemed proceeds of unlawful activities.