Court Dismisses Igbinedion’s Suit on Seized Property

Posted by admin Edo, Headlines, State News Saturday, April 9th, 2011

An application by the former governor of Edo state, Lucky Igbinedion, to have his property seized by the Economic and Financial Crimes Commission (EFCC) released to him was on Friday dismissed by Justice Mohammed Idris of a Federal High Court in Lagos for lack of merit.

In the meantime, the ex- governor speaking through his lawyer, Ricky Tarfa (SAN), after the court’s verdict, vowed to appeal the ruling.

The judge, while delivering his ruling, noted that Section 13 of the Federal High Court Acts granted the anti-graft agency the power to temporarily grant injunction to freeze or attach assets suspected to have been acquired by proceeds of fraud.

According to the judge, the anti-graft agency acted within its power as sections 28 and 29 of the EFCC Act empower the commission to temporarily attach properties suspected to have been acquired through crime.

The judge also held that under section 19 of the Federal High Court Act and Section 220 of the constitution, the court has the jurisdiction under the act to make orders attaching the property, since the territorial jurisdiction of the federal High Court is nationwide and that there is only one Federal High Court in Nigeria.

It will be recalled that EFCC had on February 8 got a forfeiture order from Justice Idris to seize about 11 properties traced to Igbinedion in Benin, Lagos, Abuja and London over an alleged N3.2billion fraud suit filed against him.

However, Tarfa (SAN) argued that there was no basis for the order of forfeiture of his client’s properties because he had already been convicted on the same matter.

He contended that his client was facing a pending charge of alleged money laundering in Benin division of the Federal High court, adding that if there was any need for an order of forfeiture, the EFCC should have gone there to secure it.

Tarfa, in arguing his reply to EFCC’s counter affidavit brought pursuant to Section 36(9)(10) of 1999 constitution, urged the court to discharge the order.

-Tribunewp_posts