A Federal High Court in Abuja has ordered the definitive forfeiture of NOK University in Kaduna State, together with all of its assets, to the Federal Government.
Justice Joyce Abdulmalik issued the decision on Friday in a move on notice filed by the Economic and Financial Crimes Commission (EFCC) against Anthony Hassan and KYC Inter-Project Limited.
The EFCC legal team, lead by Ekele Iheanacho, argued that the court should issue a final order forfeiting to the Federal Government of Nigeria the institution’s holdings, which the Commission said were reasonably suspected to be the proceeds of illicit activity.
In its motion on notice marked FHC/ABJ/CV/688/2022, the anti-graft agency contended that Anthony Hassan failed to prove that he did not acquire the university and its assets with proceeds of crime.
Iheanacho argued that the university was incorporated on 6th October 2021 with the wife and children of the first respondent as the directors and guarantors of the university but without the first respondent’s name.
He added that apart from the funds deposited to secure the university’s bank guarantee, the first respondent(Hassan) funded the acquisition of the land on which the university was built, as well as the buildings and structures on it.
He stressed that though the first respondent was a civil servant who rose through the ranks to become a Director in the Civil Service of the Federation, he was acquiring properties using the names of his wife and son as shareholders with a view to shielding himself from being tracked.
“This Honourable Court has the statutory powers under the provision of section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 to grant the reliefs being sought.
“The Honourable Court made an interim order forfeiting the properties to the Federal Government of Nigeria.
“The order of the Honourable Court has been published in a national daily namely LEADERSHIP Newspaper of 17th June 2022.
“No sufficient cause has been shown why the properties under the interim forfeiture should not be finally forfeited to the Federal Government of Nigeria,” he said.
But a lawyer, Barrister Victor Olisah approached the court insisting that he owned six plots of land on which one of the disputed properties was erected.
In her judgement on Friday, Justice Abdulmalik dismissed the lawyer’s claims on some plots of land, saying he failed to prove his ownership of the land with credible evidence.
Justice Abdulmalik also dismissed the claim by the legal team of Hassan and his company, KYC Inter-Project Limited, which insisted that the school was built with funds of investors.
The judge agreed with the EFCC that the defendant conferred undue advantage on himself while serving as a civil servant.
Subsequently, the court ordered the final forfeiture of the university including all its assets ranging from Senate Building to Faculty buildings.
The court also ordered the forfeiture of Gwasmyen Water Factory, Gwasmyen International Hotel and Gwasmyen Event Center, which were all traced to Hassan.
When a forfeiture order is made by a trial court, the asset is handed over to the federal government.
However, since the trial court is the court of first instance, the defendants are entitled to appeal the decision at higher courts.