The Federal High Court in Lagos has ordered the permanent confiscation of 20 cars that were reportedly stolen from home driveways and commercial car lots in Canada and smuggled to Nigeria.
Justice Deinde Dipeolu issued the decision for final forfeiture after the Economic and Financial Crimes Commission (EFCC) filed a suit to forfeit the automobiles because no one or organisation came forward to claim them.
On May 27, 2024, the judge ordered the interim forfeiture of the cars while directing the EFCC to publicise the decision so that any interested parties might come in court and show cause why they should not be lost permanently.
However, at the resumed hearing, EFCC lawyer Rahman Abdulrasheed informed the court that his agency had followed the court’s orders.
Abdulrasheed also claimed that the final forfeiture orders sought by his employer were brought under Section 44(2)(B) of the Federal Republic of Nigeria Constitution 1999 (As Amended), Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, and the court’s inherent jurisdiction.
The lawyer also asked the court for the following orders: “an order of the Court forfeiting to the Federal Government of Nigeria all the properties mentioned in the attached schedules of this application, which properties are reasonably suspected to have been acquired through theft and proceeds from other illegal economic activities.”
“An order of the Court empowering the Canadian Deputy High Commission in Nigeria or any other officer so designated by the office to dispose of the forfeited properties mentioned in the attached schedules 1-2 of this application either by sale or return to the victims, subject to remittance of the statutory two per cent from the proceeds to the EFCC Recovery Account.”
After hearing from the anti-graft agency’s counsel and reviewing all of the documents produced in court with the authorities listed, Justice Dipeolu granted the requested relief and ordered the ultimate confiscation of the 20 cars.
The cars with their Vehicle Identification Number (VIN) finally forfeited to the Federal government are black colour SUV 400, 4JGDA5GB4JB171399; 4MATIC Mercedez Benz white colour, 5J8YD4H8XKL802910; SUV MDX SH-AWD Acura, JTJDZKCA7J2001379; grey colour SUV RS 350L Lexus, ZT2BZMCAIKC169393; Deep Blue SUV RX 350 Lexus, JTEBUS5JR2F524329; white colour Toyota 4Runner 2015, 2T2ZMDA4LC226597; White Colour 2020 model Lexus RX 350, 2TBZMCA5KC176315; White 2019 Lexus RX 350, 2T2JZMDA71C250961; Black 2020 Model Lexus RX350, 5FPYK3FIXHB506759; and Black Honda Ridgeline 2017 Model, 2T2BZMCA6J140258.
Others are: White Lexus RX 350 SPORT 2019 Model, 2T2HZMDA9LC217488; Grey Colour Lexus RX 350 2019 Model, JTBU5JROIJ5488955; Grey Colour Toyota 4Runner 2018 Model, 2T28ZMCAOKC187920; White Lexus RX 350 FS Sport 2019 Model, STDJZRFHXHS516516; White Toyota Highlander XLE AWD 2017 Model, 2T2BZMCAOKC187929; Black Toyota Highlander 2020 Model, STDJRFHZHS516516; Black Toyota Highlander 2018 Model, 5TDJ2RFOKS62467; Black Mercedez Benz G550 2019 Model, 5TDDZRFH9JS493877; Red Lexus Rx 350 2016 Model, 2T2BZMCA5GC007709, WDCYC6BJ5KX302861; Black Lexus Rx 350 2016 Model, 2T2BZMCA1GC038813, and White Mercedez Benz GLA 250 2018 Model, WDCTGB7JJ497934.
The EFCC, in an affidavit in support of the application deposed to by one of its investigators, Olufemi Olukini, states the following: “Sometime in April 2022, during an official meeting held at 7A Okoti-eboh Street, Ikoyi Lagos between officials of the Royal Canadian Mounted Police (RCM) and Lagos Zonal Command of EFCC officials passed credible intelligence to the Commission which alleged:
“Over 350 vehicles were stolen from various sites in Canada and transferred to Nigeria, as detailed on an Excel document with their unique vehicle identification numbers (VINs).
“Some of these automobiles were sold on www.ii.com by online vendors/agents, while others were displayed for sale at various car stands across the country.
“The cars are listed in a comprehensive Excel sheet alongside some pictures and information. And that some of these vehicles are intercepted at the point of entry into Nigeria at Tincan Island port, Lagos
“Our team commenced preliminary investigation into the case by identifying the Vehicle Identification Number (VIN) of each of the said stolen vehicles and subjecting them to analysis using Open Source Intelligence (OSINT).
“That preliminary results from the analysis revealed the vehicles were located mainly across Lagos State metropolis, particularly Lekki, at different car stands and places and the Nigerian ports pending clearance into the country. That surveillance was safetied out on the identified locations, followed by sting operations, which led to the physical location and identification of these vehicles.
“That about 40 of the stolen vehicles were initially located by the intelligence team, who then brought a similar application in suit no. FHC/L/CS/2051/2023 between Economic and Financial Crimes Commission V. WILMON AUTOS NIGERIA LIMITED & 177 ORS wherein Honourable Justice D. I. Dipeolu granted a final forfeiture order on 6 March 2024.
“That soon after the above order was granted, the intelligence team further located the vehicles listed in schedules 1 and 2 of this application, which necessitated this present suite.
“The 13th to 20th respondents described in schedules 1 and 2 attached to this application were recovered as part of the stolen vehicles and shipped to Nigeria. And that the VIN of the vehicles corresponds with those of the stolen cars contained in the intelligence received from RCMP, and no person has come forward to claim ownership of these vehicles.
“Investigation carried out revealed that the motor vehicles described aforesaid were stolen from Canada and shipped to Nigeria between March and June 2022. And that most of these vehicles were insured, and the insurance companies involved had indemnified the respective owners of the cars.
“The insurance companies are now in the position of the owners had delegated their interests to the Royal Canadian Mounted Police liaison officer with the Canadian Embassy in Nigeria to pursue their interests.”