Yakubu has instituted a suit at the federal high court, Kano, to this effect. He has requested that the court set aside the order of forfeiture granted to the federal government last week. He said the court which granted the order had no such jurisdiction.
Ahmed Raji (SAN), filed the suit on behalf of Yakubu. Raji argued that the crime was committed in Abuja, which is outside the territorial jurisdiction of the court in Kano. “No aspect of the perceived offence in respect of which the Order of 13th February, 2017 was made, was committed within the Kano judicial division of this Honourable Court.
“By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an Order for the interim forfeiture of property under the Act.
“The power of this Honourable Court to make interim forfeiture Order(s) pursuant to Sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (hereinafter “EFCC Act”) is applicable ONLY to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.
“The ex-parte Order of this Honourable Court dated 13th February, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (hereinafter “ICPC Act”) and not the EFCC Act as prescribed by Section 28 and 29 thereof.
“The conditions precedent to the grant of an interim forfeiture Order under Sections 28 & 29 of the EFCC Act were not complied with by the Applicant before the Order was made. “In the instant case, no charge was brought against the Respondent/Applicant before the provisions of Section 28 and 29 of the EFCC Act were activated to grant the ex-parte Order of 13th February, 2017.”
According to the EFCC, Yakubu claims that the sums of money found in his house were gifts.