The former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Andrew Yakubu has filed an appeal at the Federal High Court, Kano.
He is requesting the discount of the $9.7m and £74,000 seized from him by the Economic and Financial Crimes Commission, EFCC, and which the court that sat in Kano had decided that it be relinquished to the Federal Government.
In the interest recorded by his guidance, Mr. Ahmed Raji (SAN), Yakubu tested the decision of the Federal High Court directed by Justice Zainab B. Abubakar, saying the court did not have the regional ward to attempt the case since the wrongdoing was professedly dedicated in Abuja, which is outside the regional purview of the Kano court.
In a movement on notice with suit number FHC/ICN/CS/24/2017, Yakubu's insight, Raji contended that:
"by Section 45 of the Federal High Court Act, an offense might be attempted just by a court practicing ward in the territory or place where the offense was conferred.
No part of the apparent offense in regard of which the Order of thirteenth February, 2017 was made, was conferred inside the Kano legal division of this Honorable Court," Raji said.
"By Section 28 of the EFCC Act, just the commission, i.e. the EFCC has the vires to look for an Order for the between time relinquishment of property under the Act.
The force of this Honorable Court to make interval relinquishment Order(s) in accordance with Sections 28 and 29 of the Economic and Financial Crimes Commission Act, 2004 (hereinafter "EFCC Act") is appropriate ONLY to asserted offenses charged under the EFCC Act and not to offenses cognizable under whatever other law.
"The ex-parte Order of this Honorable Court dated thirteenth February, 2017, was made in regard of asserted offenses under the Independent Corrupt Practices and other Related Offenses Commission Act (hereinafter "ICPC Act") and not the EFCC Act as recommended by Section 28 and 29 thereof.
"The conditions point of reference to the allow of a break relinquishment Order under Sections 28 and 29 of the EFCC Act were not consented to by the Applicant before the Order was made.
In the moment case, no charge was brought against the Respondent/Applicant before the arrangements of Section 28 and 29 of the EFCC Act were initiated to concede the ex-parte Order of thirteenth February, 2017."
Review that the Federal High Court which sat in Kano on the thirteenth February, 2017 and directed by Justice Zainab B. Abubakar, had requested the relinquishment of the entirety of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) recuperated from Mr. Andrew Yakubu to the Federal Government.
In an official statement marked by Wilson Uwujaren, EFCC Head Media and Publicity, the request was continuation of an ex parte application by the EFCC looking for an interval relinquishment of the recuperated cash to the Federal Government.
The ex parte application was moved by Salihu Sani, guide for the candidate.
In her decision, Justice Zainab had held "That the entirety of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) which are currently in the care of the candidate (EFCC) are in the meantime relinquished to the Federal Government of Nigeria."
It would likewise be reviewed that, on the third day of February, 2017, agents of the Commission had raged a building having a place with the previous NNPC manager and recuperated the amazing total of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) reserved in a gigantic flame resistant safe.
Notwithstanding, Mr. Yakubu has long said the cash seized from him were blessings from people he didn't say.
Review likewise that on February 8, 2017, Andrew Yakubu had answered to the Commission's Zonal office in Kano and made explanation wherein he conceded responsibility for recuperated cash, guaranteeing it was blessing from anonymous people.
Yakubu was GMD of the NNPC in the vicinity of 2012 and 2014.
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