The Federal High Court in Abuja on Wednesday ordered the permanent forfeiture of 49,700 U.S. dollars allegedly recovered from Dr. Nura Ali, a former Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in Sokoto State during the 2023 general elections.
Justice Emeka Nwite granted the application after hearing a motion filed by Mr. Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Moving the application, Akponimisingha informed the court that the ICPC had complied with the earlier order for temporary forfeiture of the funds and published a public notice inviting any interested party to show cause why the money should not be permanently forfeited to the Federal Government.
He said that since the publication, no claimant had appeared or made representation, prompting the Commission to seek a final forfeiture order.
“We therefore seek an order forfeiting the sum of $49,700 to the Federal Government, having fulfilled all legal requirements from the interim stage to this point, my lord,” Akponimisingha submitted.
In his ruling, Justice Nwite held that the application was meritorious.
“I have listened to the submission of learned counsel and examined the affidavit evidence before the court.
”I am of the view that the application is meritorious and should be granted,” the judge ruled.
Justice Nwite had earlier, on Dec. 30, 2024, granted an order for the temporary forfeiture of the money after the ICPC filed an ex-parte motion.
The motion, marked FHC/ABJ/CS/1846/2024, was jointly filed by the ICPC and the Department of State Services (DSS).
The Federal Republic of Nigeria (FRN) was the applicant, while Dr. Ali was the sole respondent.
According to court filings, the $49,700 was recovered during a search operation conducted by DSS operatives at Ali’s residence in Kano State.
The motion stated that the funds were suspected to be proceeds of unlawful activity, allegedly received as bribes during Ali’s tenure as INEC REC in Sokoto.
The applicants argued that the funds were not legitimate earnings since INEC does not pay its officials in U.S. dollars.
They further stated that the purpose of the forfeiture application was to preserve the funds pending completion of investigations and to prevent their dissipation.
“Where cogent and verifiable explanations exist as to how the property was acquired, devoid of crime, the alleged owner will be allowed unrestricted possession,” the application read.
In an affidavit deposed to by Mr. Iliya Markus, a litigation officer with the ICPC, the Commission stated that intelligence received by the DSS alleged that Ali had collected bribes from political stakeholders in the course of the 2023 elections.
Markus said a search warrant was executed jointly by DSS and ICPC operatives at Ali’s residence, where the cash was recovered.
He attached exhibits, including a copy of the search warrant (marked DSS 1), Ali’s statement to investigators (marked DSS 2), and letters written by Ali to the DSS requesting the return of the money (marked DSS 3 and DSS 4).
The affidavit also claimed that Ali admitted in his statement that part of the funds, about $150,000 was allegedly given to him by former Sokoto State Governor Aminu Tambuwal and Senator Aliyu Wamakko, though the Commission said the claim was still under investigation.
Justice Nwite had subsequently directed the ICPC and DSS to publish a notice in a national newspaper calling on interested parties to show cause within 90 days before a final decision.
Having received no objection, the court on Wednesday made the temporary forfeiture permanent.
