Court orders permanent forfeiture of $49,700 recovered from ex-INEC REC

A federal high court in Abuja has ordered the permanent forfeiture of $49,700 recovered from Nura Ali, former resident electoral commissioner (REC) of the Independent National Electoral Commission (INEC) in Sokoto during the 2023 general election.

Emeka Nwite, the presiding judge, granted the order following a motion filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

While moving the application, Osuobeni Akponimisingha, counsel to the ICPC, told the court that the commission had complied with an earlier interim order for the temporary forfeiture of the money.

He said a public notice was issued seeking interested persons to show cause why the funds should not be permanently forfeited to the federal government as directed by the court.

Akponimisingha added that since the publication, no one had come forward to claim the funds or appeared in court to contest the forfeiture.

“We, therefore, seek an order forfeiting the sum of $49,700 to the federal government in view of the processes filed in respect of this matter from interim forfeiture to this stage, my lord,” he said.

In his ruling, Nwite said the application was meritorious.

“I have listened to the submission of the learned counsel to the applicant and I have also gone through the affidavit evidence. I am of the view that the application is meritorious. Consequently, the application is granted,” the judge ruled.

BACKGROUND

On December 30, 2024, Nwite ordered the temporary forfeiture of the seized funds after the ICPC and the Department of State Services (DSS) filed a motion ex parte marked FHC/ABJ/CS/1846/2024.

The motion, dated December 20 and filed December 24, 2024, sought an order for temporary forfeiture of the funds recovered from Ali’s residence during a DSS search operation.

It also requested that the ICPC and DSS conduct a preliminary investigation into Ali’s activities and submit a report within 90 days.

The agencies were directed to deposit the money in an escrow account with the Central Bank of Nigeria (CBN) and publish a notice for any interested party to show cause why the funds should not be forfeited permanently.

In the supporting affidavit, the applicant argued that the funds were suspected to be proceeds of unlawful activity.

“The alleged movable property of $49,700.00 was bribe money received by Dr. Nura Ali when he was the Independent National Electoral Commission’s Resident Electoral Commissioner for Sokoto State,” the affidavit reads.

“The alleged moveable property is not the legitimate earning of Dr. Ali as Independent National Electoral Commission’s Resident Electoral Commissioner. The alleged moveable property is suspected to be proceeds of crime.”

The ICPC added that INEC does not pay staff in foreign currency and that the application was intended to preserve the funds from dissipation, pending investigation.

The supporting affidavit, deposed to by Iliya Markus, a litigation officer with the ICPC, said operatives of the DSS recovered the money from Ali’s residence in Kano during a search carried out pursuant to a warrant executed jointly by both agencies.

Markus said Ali, in his extra-judicial statement, admitted receiving $150,000 from former Sokoto governor Aminu Tambuwal and Aliyu Wamakko, claiming it was a gift.

He added that Ali had written to the DSS seeking the release of the recovered money.

The affidavit further stated that the funds were not declared to any law enforcement agency as required by law.

After the interim forfeiture order, the court adjourned the case to January 30, 2025, for a report on compliance with the publication directive and to March 31, 2025, for hearing.

With no opposition received, the court has now ordered the permanent forfeiture of the $49,700 to the federal government.