The Federal High Court in Lagos on Wednesday dismissed an application filed by Senator Peter Nwaoboshi to reclaim his seized 12-storey building.
Nwaoboshi represents Delta North Senatorial Districtn in the upper legislative chamber.
He prayed the court to discharge an interim order made by Justice Abdullazeez Anka, forfeiting the property.
The Economic and Financial Crimes Commission (EFCC) had accused the senator of defrauding Delta State of N1.5billion and laundering part of it through a company, Suiming Nigeria Limited.
EFCC alleged he acquired the property with part of the money.
Justice Anka held there was no abuse by the Commission in “attaching” the property.
He said it was a mere “preservative injunction,” which does not violate the senator’s right to own property.
On the claim that there was also a similar case at the Delta State High Court, Justice Anka held that EFCC’s action was not an abuse of court process.
The judge said EFCC deserves commendation for not arresting Senator Nwaoboshi first before commencing investigation.
“Instead of praising the agency for not violating the rights of the respondent by arresting him before investigation, which we all have been clamouring for, the respondent’s counsel stated that he was not arrested nor was there a search on his house before the property was attached,” the judge said.
Justice Anka further added that the rights of citizens as guaranteed by the Constitution were not absolute.
“The action was filed by the EFCC during the pendency of the suit and so, the first question is whether the filling of the suit can be described as an abuse of court process.
“In the current action, the EFCC has put their intention to manifestation and I therefore, see no abuse on the process,” he said.
Anka held that the court cannot interfere with EFCC’s investigation or hinder the performance of its statutory duties.
“Investigation activities will not be stopped by the court against the agency while it is carrying out its statutory duties; this will amount to pre-empting the investigative powers of the agency,” he added
On the whole, the court held that the application failed and is accordingly dismissed on the basis that EFCC did not hide any facts.
“All parties have a right of appeal,” Justice Anka added
An EFCC operative, Garuba Abubakar, in a counter-affidavit opposing Nwaoboshi’s application, said the former Delta State chairman of the Peoples Democratic Party (PDP) got a contract through one of his companies, Bilderberg Enterprises Limited, to supply new construction equipment to the state Direct Labour Agency at N1,580,000,000.
The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.
EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building at 29 Marine Road, Apapa, Lagos, from Delta State Government at N805million in the name of Golden Touch Construction Projects Limited.
The Commission said the senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”
According to EFCC, Nwaoboshi has 20 bank accounts which he operates in Nigeria, while companies directly linked to him maintain another 20.
The Commission said the interim forfeiture order granted on April 21 was to preserve the property from being dissipated.
“A criminal charge will most likely be preferred against the respondents at the conclusion of investigation. As part of our investigation procedure, the first respondent (Nwaoboshi) will be invited very soon after having assembled all incriminating evidence against him before charging him and others to court,” the deponent said.
