A Federal High Court in Abuja has given an order of interim freezing and forfeiture of over N228.4 million linked to former Abia State Governor Theodore Orji to the Federal Government.
The sum is said to be the proceeds of money laundering.
Justice Emeka Nwite gave the order while ruling on an ex parte motion filed by the lawyer to the Economic and Financial Crimes Commission (EFCC), Fadila Yusuf.
The judge also directed the EFCC to publish the order on its website and a national daily.
The court directed interested parties to show cause within 14 days of the publication of the order.
The judge adjourned the matter until February 3 for report of compliance.
The News Agency of Nigeria (NAN) reports that ex-Governor Orji also served as a two-term senator representing Abia Central before his retirement from active politics.
The anti-graft agency had, in the motion ex parte, brought the suit pursuant to Section 44(2)b) of the 1999 Constitution (as amended) and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
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The motion, dated December 30, last year, and filed January 2 by Yusuf, was also brought under the inherent jurisdiction of the court.
The lawyer sought an order granting an interim freezing and forfeiture of the N228,497,773.12 domiciled with a commercial bank set out in the schedule attached to the Federal Government of Nigeria.
She also sought “an order authorising the commission to make publication of interim freezing/forfeiture order made by this honourable court on the EFCC website and Daily Trust Newspaper and the interested parties to show cause within 14 days of the publication of the order”.
The lawyer, in her five-ground argument, said the money described in the schedule was the subject matter of an investigation by the EFCC and found in the possession of Effdee Nigeria Limited.
She said it was reasonably suspected to be proceeds of unlawful activities.
“Effdee Nigeria Limited is alleged to have conspired with others to defraud Abia State government to wit: conspiracy, abuse of office, obtaining money by false pretence, money laundering, and diversion of public funds.
“Effdee Nigeria Limited, in whose possession the monies were found, is reasonably suspected to have conspired with Senator Theodore Ahamefule Orji, the former governor of Abia State, some officials in the former governor’s administration and his family members,” Yusuf said.
The EFCC lawyer said those linked to the money were being investigated by EFCC for the allegations, following intelligence report received by the commission against Orji.
According to her, there is a need to preserve the monies pending investigation and/or prosecution.
A litigation officer with EFCC, Tahir Ahmed, said sometime between 2016 and 2017, the commission received an intelligence report against Orji, some officials in his administration and his family members.
He averred that Effdee Nigeria Limited, a sewage and waste disposal entity, was used by the former governor, some officials in his administration and his family members for the diversion and laundering of Abia State government’s funds while Orji was in office.
“The company was used to siphon funds and divert monies with the aid of some officials of a commercial bank.
“The intelligence report was assigned to the Economic Governance Section of the commission for investigation,” he said.
Ahmed said the team launched an investigation into the case, which led to the arrest of the Divisional Head of a bank in Umuahia, Austin Akuma, who was alleged to be the middleman between the contractor (Effdee Nigeria Limited) and the former Special Adviser to the (then) Governor on General Duties, Erondu Uchenna Erondu.
The EFCC official alleged that the banker, in a statement made upon words of caution at the commission’s office, stated that it was agreed between himself (Akuma) and Erondu that the contractor’s company, Effdee Nigeria Limited, would be used to received funds from Abia State government’s accounts.
“Thereafter the contractor would distribute these monies to several accounts of specific customers of the bank to be provided by the banker after which these various customers would withdraw cash and return same to the banker who in turn takes the cash to the Special Adviser in the Government House,” he alleged, attaching the statements made as Exhibit EFCC 1.
According to him, letters of investigation activities were also written to the commercial bank concerned while an analysis of the statement of the above account of Effdee Nigeria Limited revealed substantial inflow from various agencies in Abia State government leaving a balance of N228,497,773.12.
Ahmed said that investigation was still ongoing in relation to the allegations received against the suspects.
He said there was need to preserve the res to prevent the dissipation of the above mentioned monies pending the conclusion of investigation and conclusion of the multifarious criminal complaints and ongoing investigations pertaining to the suspects.
After Yusuf moved the motion, Justice Nwite, who said the application was meritorious, granted the prayers.