Justice Mojisola Olatoregun of the Federal High Court sitting in Ikoyi, Lagos, on Friday, April 27, 2018, ordered the final forfeiture of a sum of N1,222, 384,857.84 ( One Billion, Two Hundred and Twenty Two Million, Three Hundred and Eighty Four Thousand Eight Hundred and Fifty Seven Naira and Eighty Four Kobo) only, recovered by the Economic and Financial Crimes Commission, EFCC, from the account of Melrose General Services Company Limited.
Also to be forfeited to government is another sum of N220,000,000.00 (Two Hundred and Twenty Million Naira) only, also recovered by the EFCC from two other companies: Wasp Networks Limited and Thebe Wellness Services, to the Federal Government.
Justice Olatoregun had, on Friday, October 13, 2017, ordered an interim forfeiture of the money, following a motion ex parte filed by the EFCC.
In granting EFCC prayers, Justice Olatoregun had ordered anyone interested in the money to appear before the court within 14 days to show cause why the money should not be permanently forfeited to the Federal Government.
The judge had also directed the Commission to publish in any newspaper for anyone who is interested in the money to appear before the court to show cause why the order for the final forfeiture should not be granted.
Following the publication of the order, one Prince Godwin Maduka and a company, Linas International Limited, appeared before the court, praying separately that the funds should be forfeited to them.
Maduka had claimed that his firm, Udemgaba Maduka & Associates, had been engaged in 2011 as a consultant by Zamfara State government to help to recover some “hanging funds”, with an agreement that it would be paid 20% of the recovered funds.
On its part, Linas International Limited had told the court that it was entitled to the payment of $6m from the NGF.
Also , at the last adjourned sitting, Olawale Akoni, SAN, counsel to Melrose Services Limited, had moved a motion seeking to set aside an earlier order given by the court for the interim forfeiture of the sum of N1,222,384,857.84 (One Billion Two Hundred and Twenty Two Million, Three hundred and Eighty- four Thousand and Eight Hundred and Fifty-Seven Naira Eighty-four Kobo) to the Federal Government.
Akoni had informed the court that the money belongs to Melrose Services Limited and was paid into its account on December 14,2016.
He had further stated that it was the payment for the reconciliation of accounts of the Nigeria Governor Forum, NGF, which Melrose did for GSCL Consulting and Biz Plus Consulting Services Limited.
In his response, counsel to the prosecution, Ekele Iheanacho, had argued that a letter was sent from the EFCC to the NGF and that the Commission received a reply to the effect that the job was carried out by a consortium of consultants known as GSCL Consulting and Biz Plus Consulting Services Limited.
Iheanacho had also told the court that the job was submitted to the NGF on August 31, 2016, while the report was forwarded as the final reconciliation of the over deduction on foreign loan accounts of the states to the Ministry of Finance.
He had further added that the NGF consequently wrote to the Ministry of Finance to pay the agreed 5% consultancy fees that all states’ governors had signed.
The prosecution counsel had added that upon approval by the Presidency, the Ministry of Finance wrote to the Central Bank of Nigeria to pay the sum of $86,546,526.65 and N 18,635,427,311.54 to the NGF.
“In the cause of investigation, the EFCC recovered a bundle of document in possession of Melrose Services Limited, where it had claimed it did the job.
“The said document was a re-copy of the work of GSCL and Biz Plus Consulting Services Limited. It was lifted out paragraph by paragraph from the work of GSCL and Biz plus. But Melrose signed it as its own job.
“This document was never presented to the court. However, it was after the Interim order was made that Melrose presented another document to the court instead of the one recovered,” he had said.
Iheanacho had also urged the court to discountenance the claim by Maduka, saying, “He claimed to have done a consultancy job for Zamfara State Government and has not been paid.
“He is not entitled to the money, but he has aligned with others to steal the money.
“His claim is to Zamfara State Government and the claim before the court is not for debt recovery. The money in question doesn’t belong to only Zamfara State government.
“He is, therefore, not entitled to any claim,” he had further argued.
Consequently, the Judge had deferred ruling on the final forfeiture of the money to Tuesday, April 24,2018. However, the proceedings could no go on at the last adjourned date due to the absence of the judge.
In her ruling today, Justice Olatoregun upheld the EFCC’s argument and dismissed Maduka’s claim.
“It’s not a debt recovery”, the judge held. The judge also dismissed the claim by Linas.
Having dismissed both claims, the judge, therefore, ordered the permanent forfeiture of the sum of N1.4bn to the Federal Goverment .
