Court Orders Temporary Forfeiture of $378,000, Exotic Car to FG
A Federal High Court in Abuja has ordered a temporary forfeiture of 378,000 US dollars and a Mercedes Benz GLS 600 Maybach to the Federal Government.
Justice Emeka Nwite, in a ruling, made the order after Osuobeni Akponimisingha, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved a motion ex-parte to the effect.
Justice Nwite, who granted the motion, also directed the commission to publish the notice in a national daily for the interested person(s) to show cause why the cash and the vehicle should not be permanently forfeited to the Federal Government.
The judge adjourned the matter until Feb. 20 for a report of compliance.
The News Agency of Nigeria (NAN) reports that the money and the vehicle allegedly said to be proceeds of unlawful activities, were linked to Paul Chukwuma, Managing Director and Chief Executive Officer of Fides Et Ratio Academy Limited.
In the motion ex-parte marked: FHC/ABJ/CS/1982/V/2024 and filed by the ICPC Chairman himself, Dr Musa Aliyu, SAN; Chukwuma, Prof Dr Klaus Stierstorfer, and Fides Et Ratio Academy Limited were sued as 1st to 3rd defendants respectively.
Aliyu, in the motion, sought an order temporarily forfeiting the sum of 378,000 dollars being funds restricted vide Post No Debit Order placed on the bank account of Fides Et Ratio Academy Limited.
He also sought an order “temporarily forfeiting the movable property to wit: MERCEDES BENZ GLS 600 MAYBACH” to the Federal Government.
Besides, he prayed to the court for an order directing the commission to publish a notice in any national newspaper for the interested person(s) to show cause why the said property should not be permanently forfeited to the Federal Government of Nigeria.
Aliyu further sought an order directing the anti-corruption commission to open an escrow (interest-yielding) account with the Central Bank of Nigeria (CBN) in the name of the ICPC and Fides Et Ratio Academy Limited in respect of the alleged $378,000.00.
Giving 10 grounds why the application should be granted, the ICPC chair said the victims of the alleged crime of the respondents are the Federal Government of Nigeria and its citizens who honestly and diligently pay their taxes as and when due.
He said the alleged unlawful activities of the respondents had continued to cause untold hardship on honest Nigerians, especially, students of tertiary institutions.
According to him, without an order of this honourable court, the applicant cannot legally recover the alleged moveable property already restricted vide Post-No-Debit Order into the commission’s recovery account domiciled with CBN for proper use for the benefit of honest Nigerians.
Idris Abubakar, a litigation officer, Legal Services Department, ICPC, in the affidavit he deposed to, said the commission received a petition alleging that the Tertiary Education Trust Fund (TETFund) allegedly made payment to a contractor for unexecuted project.
He said during the investigation, it was discovered that TETFund entered into a memorandum of understanding with two companies to provide ICT services to tertiary institutions, including universities, polytechnics and colleges of education.
He, however, alleged that TETFund jettisoned the conditions given by the Bureau of Public Procurement (BPP) and went ahead to engage Fides Et Ratio Academy Limited.
Abubakar averred “that TETFund, through its Executive Secretary and under the hand of the Honourable Minister for Education, secured approval in the sums of N8,600,000,000.00; N3,550,000,000.00 and N3,100,000,000.00, and guidelines for ICT support services for universities, polytechnics and colleges of education from the then president, President Mohammadu i Buhari, GCFR.”
He said following the approval of the sums and guidelines, TETFund under the hand of its ICT Director, Joseph Odo, wrote a letter to all vice chancellors, rectors and provosts of public universities, polytechnics and colleges of education requesting for their readiness to commit 50 per cent of their ICT support intervention funds to the programme.
“TETFund, in fragrant disregard for extant procurement procedures, received proposal from Fides Et Ratio Academy Limited for capacity building ICT related course tor the public universities, polytechnics and colleges: of education,” he said.
The officer said the academy was engaged to provide the services in two phases to the institutions vide a letter dated May 22, 2023.
According to him, the services to be provided by Fides Et Ratio Academy Limited was divided into two categories of online and physical.
He said the total cost implication under Category 1 (Online) was N3,072,000. He said in Category II, the total cost implication was N740,500,000.
He said total cost implication for Category 1 (Online) plus Category 2 (Physical) was N3,813,500,000.
Abubakar, however, alleged that the academy only trained 391 participants out of 502 participants under Category 2 (Physical)
He said the company also admitted receiving full and final payment for Category 2 in a document captioned: “Details of Total Payment Received” dated June 19, 2024, despite the evidence showing that the company only trained 391 out of 502.
Besides, he alleged that the academy received final and full payment for Category 1 (Online) from TETFund to the tune of over one billion naira without executing any work to justify the payment.
He added that evidence from beneficiary tertiary institutions revealed that the company did not carry out any online training activity in their institutions.
He said the MD/CEO of the company, Chukwuma, also made extra-judicial statements to the ICPC in the course of investigation explaining his own side of the story.
Abubakar also gave analysis of Fides Et Ratio Academy Limited account domiciled with Fidelity Bank and how monies were received in tranches.
He said on June 30, 2023, the sum of N550,380,780.23 was received from TETFund by the academy.
He said from the amount, Chukwuma made some transfers, including a deposit of N150,000,000 on July 13, 2023, to Globe Motors Holdings Nig. Ltd for the purchase of one unit of Mercedes Benz GLS 600 Maybach for the academy.
Again, he alleged that on July 26, 2023, the sum of N1,503,743,850 was received from TETFund, and from the sum, Chukwuma made some transfers, including the sum of N150,000,000 sent to Globe Motors Holdings Nig. Ltd, for another deposit for the purchase of one unit of Mercedes Benz GLS 600 Maybach.
“For the over N300 million transferred to Globe Motors Holdings Nig. Ltd, Mr Paul Chukwuma claimed he had communication with his international partner, Prof. Dr. Klaus Stierstorfer on the need to buy a car for Fides Et Ratio Academy Limited.
“In this regard, he presented to the ICPC investigators two separate written communicates he had with Prof Stierstorfer,” he said.
The officer alleged that when the ICPC investigators requested Chukwuma to provide them with information on how to get across to Stierstorfer, the effort was unsuccessful till date.
According to him, the applicant (ICPC) is still on the trail of Prof. Dr. Klaus Stierstorfer, with a view to get him to clarify some of the claims of Mr. Paul Chukwuma.
The officer, who said that the application was brought in the interest of justice, said the respondents would not be prejudiced if the request was granted.
