Bribery: Court Orders Forfeiture of N2.5m to FG

The Lagos Division of the Federal High Court has ordered the forfeiture of N2.5 million to the federal government, which was the subject of a dispute between a drug convict and the National Drug Law Enforcement Agency (NDLEA).

Justice Akintayo Aluko, in his ruling, held that offering the sum of N2.5 million or any sum for that matter, to facilitate the release of the convict who was then in the agency’s custody is against the spirit, intent, purpose, and objectives of the provisions of the NDLEA Act.

The convict, Fatimah Hassan, through her lawyer, Oke Ojakovo, had informed the court during her trial that the NDLEA officials demanded the money as the only means of securing her bail. However, upon collecting the money, she was not granted bail.

However, she was not granted bail after collecting the money. The NDLEA, through its prosecutor, Mr Lambert Nor, had informed the court that the convicts wanted to use the money as a bribe to avoid prosecution.

This development resulted in Justice Aluko summoning two top agency officials, who told the court the circumstances surrounding the money.

The court summoned two NDLEA officials, Quatu Mohammed, a former NDLEA Lagos commander, and Abaekwue Sunny Ngozie, an officer.

In ruling on the parties’ submissions on the money, Justice Aluko, after considering the arguments presented by the parties, held that from the evidence of both prosecution and defence witnesses, the money was meant to facilitate the release of the convict, then a suspect from the custody of the agency who was arrested for the offence of unlawful dealing in 33.5kg of cannabis sativa against the provision of Section 11 (c) of the Act.

The judge added, “It is not in doubt that the offence of unlawful dealing in 33.5 kg of cannabis sativa is a violation of the provisions of the NDLEA Act. Offering the sum of N2.5 million, or any sum for that matter, to facilitate the release of the convict, who was then in the custody of the agency at the time she was arrested and held for violation of the relevant provisions of the act, is against the spirit, the intendment, purpose and objectives of the provisions of the act.”

Coker explained that by the combined efficacy of the provision of sections 19(1) (a ) - (d) of the Proceeds of Crime (Recovery And Management Act), 2022, any property or money involved in the facilitation of an unlawful activity like in the instant case is liable to be forfeited.

According to the judge, under the combined provisions of sections 19, 22, and 68 of the Proceeds of Crime (Recovery and Management) Act, 2022, the court has the power and jurisdiction to order the forfeiture of such monies to be paid into an account known as the Confiscated And Forfeited Properties Account maintained at the CBN.