Federal High Court sitting in Abuja has been asked to vacate the interim forfeiture order it issued for the Economic and Financial Crimes Commission, EFCC, to take over 18 properties belonging to erstwhile Governor of Katsina state, Ibrahim Shema.
Shema, in an application that was filed by his lawyer, Mr. Akinlolu Kehinde, SAN, insisted that EFCC surreptitiously obtained the ex-parte forfeiture order against him.
He accused the anti-graft agency of suppressing material facts to secure the order before Justice Gabriel Kolawole on November 1.
Justice Kolawole had on the basis of an application and an affidavit the EFCC filed before the court ordered the former governor to hand off the properties pending the determination of corruption allegations against him.
EFCC is prosecuting the former governor before a Katsina State High Court for allegedly diverting public fund to the tune of N11billion.
However, trial Justice Ibrahim Maikaita-Bako suspended Shema’a trial till February 13, 2018, owing to an appeal pending before the Supreme Court.
Shema had gone before the apex court to challenge a Court of Appeal decision that okayed his trial.
Dissatisfied with the suspension of the trial, EFCC filed and obtained and interim forfeiture order against assets belonging to the defendant.
In an affidavit in support of the motion exparte, the EFCC averred that the seized assets were valued at over N86.2 billion.
EFCC lawyer, Mr. O.I Uket told Justice Kolawole that it was imperative that the order was granted in order to preserve the assets pending the disposition of the criminal charges filed against the defendant.
In his ruling, Justice Kolawale held that reliefs sought in the exparte application were provided for in the EFCC act for preservation of the assets.
He said the defendant was at liberty to challenge the order within seven days.
Consequently, Shema’s lawyer, in his preliminary objection, urged the court to set aside the interim forfeiture order.
He argued that “the totality of the issue raised in the exparte motion is the same subject matter of a criminal charge filed by the EFCC before a Katsina High Court”.
Kehinde submitted that issues raised by the EFCC, “are now a subject of appeal before the Supreme Court.
“The appeal case at the Supreme Court, marked SC/814c/2017, is coming up on November 8”, he added.
He maintained that the Abuja court should not have granted the forfeiture order since investigation into the alleged offences had been concluded, charges filed, plea taken and an appeal entered.
