Justice Emeka Nwite of the Federal High Court, Abuja, has ordered the permanent forfeiture of $49,700 recovered from Nura Ali, a former Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in Sokoto, during the 2023 general elections.
The order followed a motion filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
While presenting the application, ICPC counsel, Osuobeni Akponimisingha, informed the court that the commission had complied with an earlier interim order for the temporary forfeiture of the funds. He explained that a public notice had been issued, inviting any interested party to show cause why the money should not be permanently forfeited to the Federal Government, as directed by the court.
Akponimisingha added that since the publication, no individual had come forward to claim the funds or appeared in court to contest the forfeiture.
In his ruling, Justice Nwite held that the application was justified.
“I have listened to the submission of the learned counsel to the applicant and examined the affidavit evidence. I find the application meritorious. Consequently, it is granted,” the judge ruled.
Justice Nwite had, on 30 December 2024, granted an interim order for the temporary forfeiture of the funds after the ICPC and the Department of State Services (DSS) filed a motion ex parte. The motion sought the temporary forfeiture of the money recovered from Ali’s residence during a DSS search operation.
The order also directed the ICPC and DSS to conduct a preliminary investigation into Ali’s activities and submit a report within 90 days. The court further instructed that the recovered funds be deposited in an escrow account with the Central Bank of Nigeria (CBN) and that a public notice be issued inviting any interested party to contest the forfeiture.
In its supporting affidavit, the ICPC stated that the money was suspected to be the proceeds of unlawful activity, noting that INEC does not pay staff in foreign currency. The commission emphasised that the application aimed to preserve the funds from dissipation pending investigation.
According to the affidavit deposed by Iliya Markus, a litigation officer with the ICPC, DSS operatives recovered the money from Ali’s residence in Kano during a lawful search executed jointly by both agencies. Markus stated that Ali admitted in his extra-judicial statement to receiving $150,000 from former Sokoto governors Aminu Tambuwal and Aliyu Wamakko, claiming it was a gift.
He further disclosed that Ali had written to the DSS requesting the release of the seized money, which he failed to declare to any law enforcement agency as required by law.
Following the interim forfeiture, the court adjourned the matter to 30 January 2025 for a report on compliance with the publication order and to 31 March 2025 for hearing.
With no objection filed by any party, the court has now ordered that the $49,700 be permanently forfeited to the Federal Government.