The Federal High Court in Abuja has reserved judgment on an application seeking the final forfeiture of N1.5 billion linked to a former Managing Director of the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL), Aliyu Abatti Abdulhameed, and a consultant, Dr Steve Olusegun Ogidan.
Justice Inyang Ekwo scheduled the judgment date for January 22, 2025, on Monday, after hearing oral arguments from the legal team of the Economic and Financial Crimes Commission (EFCC) and the duo.
In February 2024, Justice Ekwo, in suit no: FHC/ABJ/CS/1686/2023, ordered the interim forfeiture of the money while directing interested parties to show cause within fourteen days of why a final order of forfeiture of the funds should not be made in favor of the Federal Government of Nigeria.
Fraud Claims and Counterclaims
Recall that EFCC lawyer Faruk Abdullah Esq. had filed an application seeking the final forfeiture of the money.
He insisted that the funds in question are reasonably suspected to be proceeds of unlawful activities at NIRSAL, allegedly known to Abdulhameed and Ogidan.
“No reasonable cause has been shown why the funds subject to the order of interim forfeiture should not be finally forfeited to the Federal Government of Nigeria, “he submitted.
However, Abdulhameed, in his filings, urged the court not to grant a final order of forfeiture against the N1.5 billion linked to him and Dr. Ogidan.
According to his legal team, in 2016, during his first term as Managing Director of NIRSAL PLC, Successory Nigeria Ltd (SNL), a company owned by Dr. Steve Olusegun Ogidan, submitted a proposal to NIRSAL for the design and implementation of Project Monitoring, Reporting, and Remediation Offices (“PMROs”) to support NIRSAL in effectively covering the entire nation.
He added that the PMRO framework was designed to help NIRSAL track performance and to function as the last-mile organizational unit by providing project-related services to support agricultural businesses.
“SNL and NIRSAL signed the PMRO Framework Agreement in 2017, and following NIRSAL’s satisfaction with the execution of the project, the Framework Agreement was renewed in 2018, 2020, 2021, and 2022.
“The contract was renewed annually based on the satisfactory performance of SNL.
“All payments to the PMRO consultants comprise monthly contractual payments for salaries, etc., of over 600 extension staff serving farmers across the 36 states of the Federation and the FCT,” he stated, asking the court to hold that the money sought for permanent forfeiture are the legitimate earnings of the consultant.
The consultant also filed an affidavit to show cause, accusing the EFCC of compelling him to return the money in exchange for non-prosecution.
He accused the EFCC of indicting him for supporting the ex-NIRSAL boss’s political ambitions.
He claimed he was also accused of employing only Christians and Southerners as his zonal consultants in the field.
What Transpired in Court
At the resumed proceedings on Monday, counsel for the defendants, Akin Olujimi SAN and A.T. Kehinde SAN, urged Justice Ekwo to overrule the EFCC’s allegations.
Olujimi stated that the EFCC’s application for final forfeiture should be dismissed, as the monies in dispute are legitimate earnings and not proceeds of crime.
In response to the lawyers, Ekwo fixed January 22, 2025, for judgment.
He added that if the verdict is ready before the fixed date, the court will notify the parties.
What You Should Know
The Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL Plc.) is a non-bank financial institution wholly owned by the Central Bank of Nigeria (CBN).
It was established to redefine, assess, measure, reprice, and share agribusiness-related credit risks in Nigeria.
Former President Muhammadu Buhari removed Aliyu Abdulhameed from office in 2022, citing allegations of corruption and paving the way for an investigation into his tenure.
The ex-NIRSAL boss denies any wrongdoing.
It is now within the court’s powers to determine the merits of the parties’ cases.
