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Former Minister of Power Saleh Mamman asked the Federal High Court in Abuja to dismiss a fresh application by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of five additional properties allegedly linked to him, arguing that the court lacked jurisdiction.
The EFCC, in its latest application, sought to include the assets among those already ordered forfeited to the Federal Government by Justice James Omotosho following Mamman’s conviction.
At the hearing, the prosecution counsel, Abbas Muhammed, informed the court that the EFCC had filed a motion for the final forfeiture of the properties, which had been filed on 25 May and duly served on the defence.
Counsel to Mamman, Femi Atteh, SAN, confirmed receipt of the application and stated that a counter-affidavit had been filed in response.
Atteh, however, strongly argued that the court lacked jurisdiction to entertain the application, noting that judgement had already been delivered in the criminal trial. He contended that the court had become functus officio and therefore could no longer adjudicate on the matter.
According to him, any attempt to pursue forfeiture after conviction should be instituted as a separate action. He further noted that an appeal had already been filed against the conviction.
He also argued that some of the properties belonged to some companies that were not parties to the criminal proceedings, insisting that their right to a fair hearing had to be protected.
“The question is, are these parties being given a fair hearing?”, he asked, urging the court to dismiss the application for lack of merit.
In response, EFCC counsel, Muhammed, argued that despite the conviction and sentencing, the court retained jurisdiction to determine the forfeiture application.
“The court has the power to grant this application,” he submitted.
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Muhammed also noted that the appeal filed by the defence had not been entered and therefore no appeal number had been assigned. He urged the court to assume jurisdiction and grant the forfeiture request.
He further asked the court to issue a consequential order permanently forfeiting the properties to the Federal Government.
Mamman was earlier convicted and sentenced to 75 years’ imprisonment in May for money laundering.
After hearing both sides, Justice Omotosho adjourned the matter until July 2 for a ruling.
Earlier in the proceedings, Atteh sought the court’s leave to address an affidavit of facts filed on May 22 by a lawyer in his chambers, Mohammed Ahmed.
Justice Omotosho had on 10 June summoned Ahmed over an affidavit describing the judgement convicting Mamman as an “emotional and enraged outburst”.
During the hearing, Atteh apologised on behalf of the lawyer, taking responsibility as head of the defence team and seeking the court’s indulgence.
“I want to apologise and urge your Lordship to pardon us,” he said, also requesting that the affidavit be withdrawn and struck out.
The prosecution did not oppose the application.
Although the judge doubted if Atteh had approved the affidavit at the time it was filed, he ordered that Ahmed be given an opportunity to appear before the court to explain himself.
Atteh later informed the court that the lawyer had been absent due to illness and was not deliberately disobeying the court’s order.
The judge subsequently granted the application and struck out the affidavit.
