Court orders final forfeiture of N150 million plaza belonging to Kwara Civil Servant to the FG. 


By Kehinde Akinpelu, Ilorin

Justice Sikiru Oyinloye of a Kwara State High Court sitting in Ilorin,  the State Capital on Thursday 1st of August 2019 ordered the final forfeiture of a Plaza valued one hundred and fifty million naira belonging to a Civil Servant in Kwara State,  Rasaq Momonu to the Federal Government.

The Economic and Financial Crimes Commission ( EFCC), Ilorin Zonal Office had approached the Court to give an order of final forfeiture of Asmau Plaza situated in University Road, Tanke Area of Ilorin after a reasonable suspicion that the said property was acquired with proceeds of unlawful activity.

Delivering the Judgment in the case of Thursday,  Justice Oyinloye held that the EFCC had fulfilled all the requirements of the in the suit and thereby order that the said property should be forfeited to the Federal Government of Nigeria.

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“I have gone through the application brought by the Economic and Financial Crimes Commission,  I also sighted the hearing notice issued to the respondent in the suit, Rasaq Momonu. this Honourable Court is persuaded that he had been served with the Court Processes “

The Judge said  ” The application brought by the EFCC is meritorious and granted, this Honourable Court hereby ordered the final forfeiture of the Landed property known as Asmau Plaza, Tanke Road,  Ilorin , Kwara State to the Federal Government of Nigeria “

In the affidavit deposed to by Musa Gidado an investigating officer with the EFCC, urged the Judge to order the final forfeiture of of the Plaza which is suspected to be a proceeds of unlawful activity.

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Gidado said ” Investigations revealed that Rasaq Momonu used his influence as Accountant with Kwara State Government to inflate and award contracts for the construction of two classrooms at Ogbondoroko and Obanisuwa Community In Kwara State”

“Investigations further revealed that the respondent who is a Civil Servant that earns less than one hundred thousand naira in a Month cannot afford to build the house known as Asmau Plaza between 2010 -2012”

Gidado stated further ” That I know as a fact that the respondent was confronted with the above findings by the applicant which he did not dispute and has agreed to forfeit the property known as Asmau Plaza to the Federal Government of Nigeria “

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Moving the application for final forfeiture on Thursday,  Counsel to the Applicant,  Nnaemeka Omewa urged the Court to grant the order based on the provisions of Section 17 of the Advance Fee Fraud and other Fraud Related Offences Act,  2006.

Omewa said ” My Lord, We have a motion on notice dated 19th July 2019 and filed on the same day, the motion is brought pursuant to section 17 of the Advance Fee fraud and other fraud related Offences,  I urged the Court to grant the motion.

Justice Oyinloye however granted the application and resolved all the issues raised in favour of the EFCC.

The Judge also said the  order for final forfeiture should be published in two National Newspapers.

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