A Federal High Court sitting in Lagos on Monday ordered the final forfeiture of the sums of £578,080.00 found by the Economic and Financial Crimes Commission (EFCC) in the Account of a maritime firm, ZAL Marine Limited domiciled in Diamond Bank Plc to the Federal Government.
Justice Saliu Saidu granted the order after listening to an ex parte application argued by the counsel to the EFCC, Mr Rotimi Oyedepo, under the provisions of section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.
Mr Oyedepo contended that the money sought to be forfeited is reasonably suspected to be proceeds of unlawful activities of the Maritime company.
He alleged that the sum was stolen by the maritime firm through some employees of the Nigeria Maritime Administration and Safety Agency (NIMASA).
The EFCC legal officer also submitted that “an application of this nature is designed to prevent the dissipation of funds/ property that is suspected to be proceeds of crime found in possession of any person without necessarily convicting the suspect in whose custody the property is found.
In an affidavit attached to the application and disposed to by an investigating officer with the anti-graft agency, Musbahu Yahaya Abubakar, the commission stated that it received intelligence report alleging a monumental fraud in NIMASA and that part of the proceeds of the said fraud was transferred to the company.
Abubakar also averred that the company allegedly conspired with some employees of NIMASA, Macfoy Irene, Chukwu Emeka Emmanuel to defraud the agency.
He further alleged that the said Macfoy Irene used her position as an Assistant Director and head of Nigerian Seafarers Development Program to facilitate the fraudulent transfer of the sum of £1,074,600.00 from NIMASA’s bank account in United Kingdom to an offshore account belonging to Swiss Bulk carriers S.A under the false Pretenses of training 54 Nautical Science and Marine Engineering Students on Sea Training on 16th March, 2013.
“That out of the said £1,074,600.00, the respondent herein without any contractual relationship with NIMASA also fraudulently received and retained the sum of £578,080.00 0 from Swiss Bulk Carriers S.A.
“That the fund was transferred from NIMASA’s Account without any Parastatal or Ministerial Tender Board approval and/ or contract with NIMASA.
“That there was no contractual relationship or agreement that existed between NIMASA, Swiss Bulk Carriers S.A and the company to warrant this fraudulent transfer of the funds sought to be forfeited.
“That before effecting the said fraudulent transfer to Swiss Bulk Carrier S.A, the mandatory value added tax and remittance to the Federal government of Nigeria was unlawfully evaded.
“That the Respondent is a front company to Mrs. Irene U. Macfoy, An Assistant Director with NIMASA and the Head of the Nigeria Seafarers Development Programme .
The company was alleged to be an agent of Swiss Bulk Carriers S.A who fraudulently retained and converted to their use, the total sum of £496,520.00 out of the said £1,074,600.00.
“That the company is reasonably suspected to have conspired with others to steal the above fund from the Federal Government of Nigeria, Abubakar stated.
After listening the submission of Mr Oyedepo, Justice Saidu granted the application as prayed.
Akin Kuponiyi serekode@yahoo.com