The Federal High Court in Abuja on Wednesday ordered the confiscating and forfeiting a multi billion naira assets and investments owned by Chukwunyere Nnabuoku, the convicted former acting Accountant-General of the Federation (AGoF), to the Federal Government.
Justice James Omotosho, in a ruling on a motion on notice filed by the Economic and Financial Crimes commission (EFCC), held that the application was meritorious.
Citing previous Supreme Court decisions, Justice Omotosho said, “in crimes such as money laundering, forfeiting the proceeds of crime is deemed to be a natural consequence of conviction.”
According to Justice Omotosho, the above decisions of the Supreme Court clearly shows that forfeiture of properties obtained with proceeds of crime are liable to be forfeited after such person has been convicted.
“The essence of this is to ensure that the convict derives no further benefits from such properties.
“The convict here will not be allowed to enjoy those properties which are being sought to be forfeited.
“He has been convicted and those properties have been established to emanate from proceeds of illegal activities,” he said.
The judge observed that counsel to the convict raised the issues of the matter being subject of appeal and that the order of forfeiture ought not to be granted because the application amounts to an abuse of court process.
Responding, the judge said that the mere fact that a notice of appeal had been filed does not preclude the court from granting a final forfeiture of the said properties.
“Forfeiture in this instance is seen as part of the judgment.
“In fact, it is similar to the sentencing handed down by the court.
“Where a person has been convicted and a notice of appeal has been filed, would that preclude such person from being sentenced?
“The answer to this is no, as sentencing usually follows conviction,” he said.
The judge said granting the forfeiture order does not disturb the likely outcome of the appeal.
“The aim of it is to stop the convict from enjoying the proceeds of his unlawful activity.
“Consequently, this forfeiture order will be granted regardless of the filing of a notice of appeal.”
On whether it was an abuse of court process, Justice Omotosho said the convict did not attach any process of court showing that a final order of forfeiture had been granted or process showing that an order of final forfeiture is being sought against the same properties and the same convict.
“The convict was convicted by this court after a full trial and thus, this issue is within the control of this court.