A Federal High Court in Abuja has ordered the temporary forfeiture of $49,700 allegedly recovered from Dr. Nura Ali, the former Resident Electoral Commissioner (REC) for Sokoto State Independent National Electoral Commission (INEC), following his involvement in the 2023 general elections.
Justice Emeka Nwite issued the order on Monday after Osuobeni Akponimisingha, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved an ex-parte motion in that regard.
The News Agency of Nigeria (NAN) reports that the Federal Republic of Nigeria (FRN) was the applicant, with Dr. Ali as the sole respondent in the motion marked: FHC/ABJ/CS/1846/2024. The motion, filed on December 24 and dated December 20, was jointly brought by the ICPC and the Department of State Services (DSS). Mr. Usman Dauda, the Director of Legal Services at DSS, signed the application on behalf of the DSS, while Akponimisingha, an Assistant Chief Legal Officer at the ICPC, was part of the legal team.
The motion sought an order for the temporary forfeiture of the $49,700, which was reportedly recovered from Dr. Ali during a search operation by Nigerian government agencies. The money is suspected to be the proceeds of unlawful activity. The application also called for a joint investigation by the ICPC and DSS into Dr. Ali’s alleged unlawful activities and the recovery, with a report due within 90 days.
Additionally, the motion sought an order for the money to be deposited into an escrow account with the Central Bank of Nigeria (CBN) and a notice to be published in national newspapers inviting anyone with an interest in the money to show cause why it should not be permanently forfeited to the government.
The applicant outlined several reasons why the court should grant the application, stating that the victim of the alleged crime was the Federal Government and innocent taxpayers, including judges across the country. The motion claimed that the money was bribe money received by Dr. Ali while serving as the INEC REC for Sokoto State and that the amount was not a legitimate earning of his position. The applicant also noted that INEC does not pay its staff or RECs in foreign currency.
The purpose of the application was not to acquire the money but to preserve it from being dissipated. The applicant stated that if any verifiable explanation of the legitimacy of the money is provided, the rightful owner would be allowed to reclaim it. The court’s decision was not seen as conflicting with the constitutional rights of Nigerian citizens to own property.
When the case was called, Akponimisingha pinformed the court that the motion sought four orders, with exhibits DSS 1 to DSS 4 attached to the application. He also mentioned that the sum of $49,700 was recovered during a search of Dr. Ali’s residence in Kano, and that Dr. Ali allegedly stated that $150,000 had been given to him by former Governor Aminu Tambuwal and Senator Aliyu Wamakko. The ICPC lawyer argued that INEC does not pay its employees in dollars and insisted that this money was a bribe.
The affidavit supporting the motion, sworn by Iliya Markus, a litigation officer with the ICPC, detailed how the investigation into Dr. Ali began following intelligence reports about allegations of bribery. A search warrant was executed at Dr. Ali’s residence in Kano, where the $49,700 was discovered. Dr. Ali allegedly made statements regarding the money and requested its release from the DSS.
Markus further revealed that Dr. Ali had not reported the gift of the money to any law enforcement agency as required by law, and had written letters to the DSS requesting the release of the money. Copies of the letters were included as evidence.
Justice Nwite, finding the application meritorious, granted the orders sought. The judge adjourned the matter until January 30 for a report on compliance with the publication order, and set the next hearing for March 31 to consider the case further.
Credit: NAN
