By Akin Kuponiyi
Despite the fact that Economic and Financial Crimes commission EFCC has filed an application before a Federal high court in Lagos for permanent forfeiture of unrefunded Paris and London clubs loans domiciled in Access bank Plc and Guaranty Trust bank, the court was unable to hear the matter today as three parties have file an application showing interest in the money. .
The EFCC lawyer, Ekele Iheanacho told the court that Linas International Limited and a legal practitioner, Godwin Udemaduka, have filed application to be joined as interested party, while a limited liability company, Melrose General services Limited that is already a party has filed an application contesting the forfeiture. The lawyer therefore urged the court to grant him short adjournment for him to file reply, though he had filed application for final forfeiture.
Mr Olawale Akoni, representing Melrose company while not opposing application for adjournment told the court that, he had filed an application to set aside the order.
The presiding judge, Cecelia Mojisola Olatoregun after listening to all the parties adjourned till 17th of November, 2017,for further hearing.
Justice Cecelia Mojisola Olatoregun presiding over the Federal High Court, in Ikoyi Lagos, south west Nigeria on,14th October,2017 ordered that the total sum of N1.4 billion, which is part of unrefunded Paris and London Club loans, domiciled at Access Bank Plc and Guaranty Trust Bank (GTBank), be temporarily forfeited to the Federal Government of Nigeria.
Justice Olatoregun made the order sequel to an ex-parte application marked FHC/L/CS/158./2017, filed and argued before her court by the legal officer attached to EFCC Mr. Ekele Iheanacho.
The judge also directed the EFCC to publish the temporary forfeiture order in a national newspaper for the respondents or anyone who is interested in the money to appear before the court and show cause within 14 days why final forfeiture order should not be made.
Listed as respondents in the suit are: Three limited liability companies, Melrose General Services Limited: WASP Networks Limited: and Thebe Wellness Services.
In an affidavit sworn to by EFCC investigator Usman Zakari, it was stated that on 26 May 2016, the 36 state governors, through the Nigerian Governors Forum (NGF), engaged the services of a consortium of consultants, made up of GSCL Consulting and Bizplus Consulting Services Limited, tagged ‘GSCL Bizplus Consortium’, for the purpose of verification, reconciliation, and recovery of over-deductions on Paris and London Club Loans on the account of states and local government between 1995 to 2002.
The deponent stated that the Consortium carried out the said assignment of verification, reconciliation and recovery of the said Paris and London Club loans on the states and local government between 1995 and 2002, and came up with a total sum of $6. 5 billion as due for refund to the states.
A report of the Consortium dated 31, August, 2016, showing a break down of the debt profile state by state and over-deductions was addressed to the Honourable Minister of Finance,and that the report was in turn submitted to the Nigerian Government Forum
Mr Zakari stated further that following the report, the President of the Federal Republic of Nigeria, approved an initial payment of the sum of $1.7 million for the benefit of the various states.
He also stated that in line with the request of the state Governors, the Ministry of Finance through the Central Bank of Nigeria (CBN), paid the sum of $86.5 million and N19. 4 billion, (representing five percent of the approved initial Paris and London Club refund) respectfully into the GTBank Plc and Access Bank Plc accounts of Nigerian Governors Forum purportedly to defray consultancy and incidental expenses.
He stated further that the said sum of N19.4 billion, was paid into the Access Bank Plc account of Nigeria Governors Forum NGF on December 8, 2016. and on 14 December 2016, the NGF paid the sum of N4. 4 billion to the Consortium as part of agreed consultancy fee.
He also stated that the first respondent, Melrose General Services Limited, whose alter ego is one Robert Mbonu, was never engaged by the NGF to carry out any consultancy services in relation to the said Paris and London Club refund, adding that in order to obtain public fund, Melrose General Services recopied and misinterpreted the work of the Consortium to the NGF for payment as if it was its work.
He stated that based on the act of Mbonu, the company was paid the sum of N3.5 billion by the NGF on December 14, 2016, while no consultancy job was executed by the company on behalf of the NGF.
He also states that the Company account with Access Bank Plc, which was negative when the sum of N3.5 billion was credited into it, between December 15, 2016 and January 20, 2017, the company moved out about N2.3 billion, in order to launder the money leaving a balance of N1.2 billion before the intervention of EFCC.
He also averred that the sum of N220 million was voluntarily returned by the company and WASP Network Limited whose representatives also made extra judicial statements.
Consequently, he urged the court to issue an interim order of forfeiture to the Federal government of Nigeria the sum of N1.2 billion in Access Bank Plc account of the Melrose General Services and the sum of N220 million recovered from both WASP Network Limited and Thebe Wellness company.