The Federal High Court in Abuja will rule on July 2 on an application by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of five more properties linked to former Minister of Power, Saleh Mamman.
Justice James Omotosho set the date on Wednesday after hearing arguments from EFCC lawyer Abbas Muhammed and Mamman’s lawyer, Femi Atteh (SAN).
Mamman was convicted in May and received a 75-year prison sentence for money laundering with public funds.
The EFCC wants to forfeit properties, including Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2, Abuja, and Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
Other properties include a mansion at No. 11 Misratah Street, Wuse 2, Abuja, another mansion at No. 13 Misratah Street, Wuse 2, Abuja, and the A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
The anti-graft agency wants the court to add these assets to those already ordered for forfeiture to the Federal Government in the judgment that convicted the former minister.
During the hearing, Muhammed told the court that the EFCC filed its motion for final forfeiture on May 25 and had served the application to the defence.
Atteh confirmed receipt of the application but argued that the court lacked jurisdiction to consider it, as judgment had already been delivered in the criminal case.
He argued that any attempt to forfeit the properties after conviction should be made through a separate legal action.
He said the court had become functus officio, which means it had finished its role in the criminal proceedings.
He told the court that an appeal had been filed to challenge Mamman’s conviction.
The EFCC lawyer replied that the court still had the authority to decide on the forfeiture application, even after convicting and sentencing the former minister.
He said the court’s judgment found that Mamman took about 22 billion naira from the 33.8 billion naira involved in the charges against him.
He added that the EFCC had recovered less than 2 billion naira, even though there were previous forfeiture orders.
“So this honourable court has the power,” Muhammed argued.
He urged the court to assume jurisdiction and grant a consequential order forfeiting the properties to the Federal Government.
Atteh, however, urged the court to dismiss the application, arguing that some of the properties belonged to persons who were not parties to the criminal trial.
“The question is, are these parties being given a fair hearing?” he asked.
After listening to both sides, Justice Omotosho adjourned the matter till July 2 for ruling.
Earlier, Atteh apologised to the court over an affidavit filed by a lawyer in his chambers, Mohammed Ahmed, which described the judgment convicting Mamman as an “emotional outburst.”
The judge had previously summoned Ahmed to explain the statements contained in the affidavit.
Atteh said he was not present when the affidavit was filed but accepted responsibility as head of the defence team.
“I want to apologise on this and I want your lordship to grant a pardon to us,” he said.
He also applied to withdraw the affidavit and have it struck out.
The prosecution did not oppose the request, and the judge granted the application.
Justice Omotosho had convicted Mamman on all counts on May 7 and sentenced him to 75 years’ imprisonment on May 13.
The court also issued a warrant for his arrest after he repeatedly failed to appear, including at the time of his conviction and sentencing.
EFCC operatives arrested him on May 19 at a hideout in the Rigasa area of Kaduna State.
When he was brought to court on May 26, the judge ordered that he be remanded at the Kuje Custodial Centre to begin serving his sentence.
