A federal high court in Abuja has ordered the interim forfeiture of $49,700 allegedly recovered from Nura Ali, a former resident electoral commissioner (REC) of the Independent National Electoral Commission (INEC).
Ali was REC for Sokoto state during the 2023 general election.
Emeka Nwite, the presiding judge, gave the order on Monday after Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved an ex-parte motion for the temporary forfeiture of the money.
The Federal Republic of Nigeria is the applicant, while Ali was the sole respondent in the motion ex-parte marked FHC/ABJ/CS/1846/2024.
The motion, dated December 20 and filed on December 24, was jointly submitted by the ICPC and the Department of State Service (DSS).
The motion sought an order of the court temporarily forfeiting $49,700.00, “recovered from one Dr. Nura Ali during a search operation by the federal government of Nigeria as property suspected to be proceeds of unlawful activities”.
The motion also requested an order directing the applicant, through the ICPC and the DSS, to jointly conduct a thorough preliminary investigation into Ali’s alleged unlawful activities concerning the movable property and submit a report to the court within 90 days.
It also sought an order directing the applicant to deposit the $49,700.00 in an escrow account with the Central Bank of Nigeria (CBN) and to publish a notice in a national newspaper inviting persons, whether human, juristic, or artificial, with an interest in the money to show cause why it should not be permanently forfeited to the federal government.
The applicant stated that the victims of the alleged crime were the federal government of Nigeria and taxpayers, including judges across the country.
“The alleged movable property of $49,700.00 was bribe money received by Dr. Nura Ali when he was the Independent National Electoral Commission’s Resident Electoral Commissioner for Sokoto state,” the motion reads.
“The alleged movable property is not the legitimate earning of Dr. Ali as INEC’s Resident Electoral Commissioner.
“The alleged movable property is suspected to be proceeds of crime.”
The applicant argued that INEC does not pay its staff salaries in US dollars, noting that the purpose of the application was to preserve the property from dissipation.
The applicant added that interested persons, including the alleged owner, would have the opportunity to provide a legitimate explanation for the property.
“Where cogent and verifiable explanations exist as to how the property was acquired, devoid of crime, the alleged owner or any other person with a proprietary interest in the property will be allowed unrestricted possession of the property,” the application stated.
E.O. Akponimisingha, who appeared for the applicant, told the court that the motion ex-parte sought four orders.
He prayed the court to grant the application in the interest of justice.
He said a search was conducted at Ali’s residence in Kano, where $49,700 was retrieved.
He alleged that Ali had disclosed in an extra-judicial statement to the DSS that $150,000 was gifted to him by the former governor of Sokoto, Aminu Tambuwal, and Aliyu Wamakko, a serving senator.
The lawyer stated that Ali had written a letter to the DSS seeking the return of the money.
An affidavit supporting the motion ex-parte, deposed to by Iliya Markus, a litigation officer with the ICPC, said the secret service acted on intelligence reports about alleged bribes received by Ali from stakeholders, including politicians, during his tenure as INEC REC in Sokoto.
He confirmed that the residence was searched pursuant to a warrant, during which $49,700 was recovered.
“A copy of the search warrant is hereby attached and marked as Exhibit DSS 1,” he said.
The affidavit stated that Ali failed to report the alleged $49,700 gift to law enforcement, as required by law, and that he had previously written letters requesting the return of the money.
“Copies of the said letters are hereby attached and marked as Exhibits DSS 3 and 4, respectively,” the affidavit reads.
Markus noted that the investigation is ongoing, necessitating the 90-day application.
Nwite deemed the application meritorious and consequently granted the prayers.
The judge adjourned the matter until January 30 for a compliance report on the publication in the media and until March 31 for a further hearing.
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