Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, on Friday, June 7, 2024 ordered the final forfeiture of every asset of NOK University, Gwasmyen Water Factory, Gwasmyen Event Center and Gwasmyen International Hotel in Kaduna State.
The Economic and Financial Crimes Commission (EFCC), represented by counsel Ekele Iheanacho, had sought the forfeiture of these properties under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and Section 44(2) of the 1999 Constitution of the Federal Republic of Nigeria.
The EFCC argued that Iheanacho provided substantial evidence proving that Anthony Hassan, a former Director of Finance and Accounts in the Federal Ministry of Health, used proceeds from unlawful activities to establish NOK University.
The assets forfeited include the University’s Senate building, ICT building, Faculty of Medicine building, Science Deanery building, two academic buildings, a faculty hall, and other structures.
Additionally, Gwasmyen Water Factory, Gwasmyen Event Center, and Gwasmyen International Hotel in Kaduna State were also forfeited.
The forfeiture followed an investigation led by EFCC officer Adaora Asabe Oragudosi, which uncovered verified intelligence related to criminal conspiracy, theft, abuse of office, and money laundering involving staff members of the Federal Ministry of Health, ultimately tracing these properties to the defendant.
Delivering judgment on the matter on Friday, Justice Abdulmalik held that “the Apex court has held that any person who lives above his means owes the society some explanations. The burden lies on the accused to justify properties acquired which are disproportionate to his known legitimate earnings. It is in law that forfeitures are hinged on preponderance of evidence”.
“Again, I hold that the respondent has failed woefully in tilting the scale of evidence in his favor. It is a principle of law that oral evidence cannot contradict or supersede documentary evidence because documentary evidence speaks for itself”, she said.
The court had earlier granted an interim forfeiture of the assets on June 1, 2022.