Economic and Financial Crimes Commission (EFCC) has sought permanent forfeiture of cash linked to Moses Jitoboh, former Aide-de-Camp (ADC) to Goodluck Jonathan, former president.
The commission’s lawyer, Chris Mshelia, applied for the forfeiture before Justice Emeka Nwite of Federal High Court (FHC) in Abuja.
News Agency of Nigeria (NAN) reports Jitoboh, deputy inspector general of Police (DIG) in Southsouth zone, was ADC to Jonathan as vice president to the late President Umaru Yar’Adua in 2007 and 2010.
EFCC is seeking permanent forfeiture of the money, allegedly stashed in seven banks, after expiration of the interim forfeiture order by Justice Nwite in 2022.
The judge granted the interim forfeiture, giving 14 days for interested parties to show cause why the assets should not be forfeited to the Federal Government permanently, and adjourned till October 27, 2022, for mention.
Mshelia had moved the order following an ex parte originating motion.
But in a motion on notice, dated December 13, 2022, by Chief P. H. Ogbole, two firms allegedly owned by Jitoboh – Keniah and Golie Investment – sought to be joined as parties.
Ogbole, who prayed for a order extending the time in which to file their affidavit to show cause against the interim forfeiture made on July 22, 2022, also sought an order deeming their affidavit to show cause already filed as having been properly filed and served the filing fees having been duly assessed and paid.
The lawyer gave four grounds upon which the application was brought.
He said though a 14-day period was given to show cause and the matter adjourned till October 27, 2022, for mention, by the time his clients got to know of the interim forfeiture, the time allowed to show cause had elapsed.
Ogbole, who said the court could extend the time, prayed it to grant the application.
Although the matter came up on Monday, the court had gone on its Easter vacation till April 17, and rescheduled for June 6.
While EFCC is the applicant, Jitoboh and Bernard Agada are first and second respondents.
NAN reports EFCC, in the motion, dated July 15, 2022, prayed for an interim order forfeiting to the government the money in the banks listed in the schedule attached to the motion.
EFCC alleged the funds, having been traced and recovered from respondents, are suspected as proceeds of unlawful activity.
It also sought an order directing publication of the interim order in a national newspaper for the respondents or any interested party to appear before the court to show cause in 14 days why the final order of forfeiture of the assets should not be made.
The application was brought pursuant to Section 17 of Advance Fee Fraud and Other Fraud Related Offences Act No. 14, 2006; Section 19 (1) of Proceeds of Crime Recovery and Management Act, 2022; Section 44 (2)(B) of 1999 Constitution (as amended); and under the inherent jurisdiction of the court.
EFCC, which gave two grounds why the order should be granted, said the court had the powers to grant the reliefs sought.
The commission listed the bank accounts against which the order was sought and the balance to include: David Adakole George, GTB account: 0051402092 (N5,326,451.75); Damien Alechenu George, GTB account: 0051402030 (N5,433,218.19); and Jese Oloche George, GTB account: 0051401992 (N5,348,043.42).
Others are: DJD Jessica, Ecobank accounts: 5462033574 and 1623001923 with (N230, 710.01); Keniah Nigeria; UBA account: 1004699872 (N59,762,409.19); Golie Nigeria, UBA account: 1001154361 (N7,506.93) and Golie Nigeria, Zenith Bank account: 1010290014 (N6,269.94).
In the affidavit in support of motion deposed to by an investigating officer with EFCC, Chinelo Opera, she averred the commission received an intelligence report from Office of National Security Adviser (NSA) to the President in November 2015.
The EFCC operative said the intelligence alleged conspiracy, money laundering and unlawful gratification against two public servant – Jitoboh, who was AIG, and another serving police officer, Inspector Agada.
She said the investigation showed Jitoboh and Agada, sometime in 2014, received N75 million from Office of NSA.
“The money was meant for procurement of defence equipment for Armed Forces to help in counter insurgency effort of Federal Government,” Opera said.
The officer said the investigation showed the N75 million was not expended for the purpose it was disbursed but was laundered through the suspects’ companies and other accounts.
“Further investigation revealed that AIG Moses Jitoboh incorporated two companies – Keniah Nigeria Limited and Golie Nigeria Limited.
“The two companies operate accounts with the United Bank of Africa and Zenith Bank, having him as the sole signatory to those accounts,” Opera said.
According to her, evidence from the investigation revealed that AIG Jitoboh’s companies – Keniah Nigeria Limited and Golie Nigeria Limited – had inflows from the National Primary Healthcare Development Agency (NPHCDA), National Emergency Management Agency (NEMA), Office of the Accountant General of the Federation and Niger Delia Development Commission (NDDC).
The EFCC operative added: “Keniah Nigeria Limited’s account number: 1004699872, domiciled with UBA, had a credit inflow of N444,698,282.27 (four hundred and forty four million, six hundred and ninety eight thousand, two hundred and eighty two naira, twenty seven kobo).”
She alleged that the inflows were proceeds of unlawful gratification by a public servant.
Opera also said Golie Nigeria Limited’s account number: 1001154361, domiciled with the UBA, had a total inflow N119,392,659.86 (one hundred and nineteen million, three hundred and ninety two thousand six hundred and fifty nine naira eighty six kobo}.
The EFCC operative also alleged that the inflows were proceeds of unlawful gratification by a public servant.
“Golie Investment Nigeria Limited’s account number: 1010290014, domiciled with Zenith Bank Pic, had a total credit inflow of N1,211,130,178.38 (one billion, two hundred and eleven million, one hundred and thirty thousand and one hundred and seventy eight naira, thirty-eight kobo).
“The said inflows were proceeds of unlawful gratification by a public servant,” she said.
The officer also said further investigation revealed that Agada registered a business name, Ben DJD Jessica Business Venture, which operates two Ecobank accounts numbers 5462033547 and 1623001923.
She alleged that Agada was the sole signatory to the two accounts.
Opera said: “Investigation revealed that inspector George Benard Agada transferred the sum of N24 million to Moses Ambakina Jitoba, a relative of AIG Moses, from Ben DJD Jessica Business Venture, on the same day he received the sum of N75 million.
“That Ben DJD Jessica Business Venture accounts had a total deposit of N249,022,512.96 through cash deposit.
“The said inflows were proceeds of unlawful gratification by a public servant.
“That Inspector George Benard Agada equally operates GT Bank accounts in the name of David Adakole George with account number: 0051402092, Damien Alechenu George with account number: 0051402030 and Jesse Oloche George with account number: 0051401992.
“The said inflows were proceeds of unlawful gratification by a public servant.
“The said GTBank account in paragraph 16 above has huge inflows/cash deposits suspected to be from the Inspector George Benard Agada, which is not commensurate with his income as an inspector of the Nigerian Police.
“That it is necessary to obtain an interim order forfeiting the monies described in the schedule above to the Federal Government of Nigeria.”
Copies of the statements of accounts were exhibited in the application.
She added: “The application is necessary to stem the trend of corrupt practices in our democratic society and to deny the respondents the opportunity to enjoy their loots.”