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

Justice Emeka Nwite of the Federal High Court, 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 State, during the 2023 general elections.

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

While moving the application, ICPC counsel, Osuobeni Akponimisingha, informed the court that the commission had complied with an earlier interim forfeiture order, including the publication of a notice inviting any interested persons to show cause why the money should not be permanently forfeited to the Federal Government.

Akponimisingha added that since the publication, no individual or entity had come forward to claim ownership of the funds or oppose the forfeiture.

In his ruling, Justice Nwite held that the application was well-founded.

“I have listened to the submission of learned counsel for the applicant and carefully examined the affidavit evidence. I find merit in the application. Consequently, it is hereby granted,” he ruled.

The court had earlier, on December 30, 2024, ordered the temporary forfeiture of the funds after the ICPC and the Department of State Services (DSS) filed a motion ex parte. The motion sought an interim order over the funds recovered from Ali’s residence during a DSS search operation.

The court had also directed the agencies to conduct a preliminary investigation into Ali’s activities and submit a report within 90 days, while depositing the money in an escrow account with the Central Bank of Nigeria (CBN). In compliance with the order, the agencies published a notice inviting claims from any interested party.

In a supporting affidavit, the ICPC argued that the funds were suspected proceeds of unlawful activity, noting that INEC does not pay its officials in foreign currency. The commission said the application sought to preserve the funds pending the conclusion of investigations.

According to the affidavit deposed to by Iliya Markus, a litigation officer with the ICPC, DSS operatives recovered the cash from Ali’s Kano residence during a joint search operation executed under a valid warrant.

Markus stated that Ali, in his extra-judicial statement, admitted receiving $150,000 from former Sokoto governors Aminu Tambuwal and Aliyu Wamakko, claiming the amount was a personal gift. He also confirmed that Ali had written to the DSS requesting the release of the seized funds.

The affidavit further disclosed that the money was never declared to any law enforcement agency, as required by law.

After granting the interim forfeiture, the court adjourned the matter to January 30, 2025, for a compliance report, and to March 31, 2025, for hearing.

With no opposition recorded, the court has now ordered the permanent forfeiture of the $49,700 to the Federal Government.