Saraki’s says it’s abuse of court process
A Federal High Court in Lagos has ordered the interim forfeiture of two houses in Ilorin, the Kwara State capital, belonging to former Senate President Bukola Saraki.
Justice Rilwan Aikawa made the order following an application by the Economic and Financial Crimes Commission (EFCC).
But Saraki has said in reaction that the order is an abuse of the court process and a violation of a subsisting order of the federal high court in Abuja.
The commission told the court on Monday it uncovered fraudulent transactions perpetrated in the treasury of Kwara State government between 2003 and 2011, when Saraki was the governor.
Justice Aikawa, while ruling on the application, ordered the interim forfeiture of the property and directed the applicant to cause the Order to be published in a National Newspaper, inviting any one with interest in the property to show cause, why the mansion valued at over a billion naira, should not be forfeited to the Federal Government.
The court’s order was based on the strength of EFCC operative Olamide Sadiq’s affidavit filed in support of the ex parte application, in which deposed that the move for the forfeiture of the houses followed the findings of the EFCC on “the report of a committee set up to review sales of Kwara State government during the reign of the governor of Kwara State in Years 2003 and 2011”.
According him, the EFCC also received “a damning intelligence report, showing monumental fraud perpetrated in the treasury of the Kwara State government between 2003 and 2011”.
Sadiq added: “Whilst the investigation was ongoing, several fraudulent transactions were discovered.
“I know for a fact and verily believe that our investigation has revealed the following mind-boggling findings, among others:
“That between 2003 and 2011, Dr Olubukola Abubakar Saraki was the Executive Governor of Kwara State.
“That whilst he held the aforementioned position, the common pattern was that after payment of monthly allocation by the Federal Government to the Kwara State government, a cumulative sum of not less than N100 million would be deposited into the Kwara State Government House account.
“That upon the payment of the N100 million, same would, in turn, be withdrawn in cash by Mr Afeez Yusuf from the Kwara State Government House, Ilorin account in bits and brought to the Government House.”
The EFCC said it believed that Saraki developed the two properties with proceeds of unlawful activities.
Counsel to the commission, Mr Rotimi Oyedepo, urged Justice Aikawa to order the temporary forfeiture of the property to the Federal Government.
After granting the order, as prayed, Justice Aikawa directed the EFCC to publish the temporary forfeiture order in a national newspaper.
He adjourned till December 17 for anyone interested in the properties to appear before him and to show cause why the properties should not be permanently forfeited to the Federal Government.
Saraki, in a statement on Monday, by his special adviser on media and publicity, Yusuph Olaniyonu, alleged that the claim that the property were built with the proceed of fraud is false.
He said the court had given an order “restraining the respondents (Commission) by themselves, their subordinates, agents, servants, or privies howsoever, from seizing, impounding, taking over, confiscating or otherwise forfeiting the Applicant’s (Saraki) right to own and peacefully enjoy any of his assets and properties”.
“The EFCC’s claim that the Ilorin property was built by any proceed of fraud is outrightly false. The fact is that the Ilorin property was built partly by the Kwara State Government pursuant to the Third Schedule of the Governor and Deputy Governor (Payment of Pension) Law 2010 while Dr. Saraki personally funded the remaining cost of the building,” the statement read.
“There are existing letters from the Office of the Head of Service of Kwara State notifying the former Governor (Saraki) of the State Government’s compliance with the State Pension for Governor’s law and the one indicating his intention to bear the cost of the additional expenditure that will arise from building the property to his desired taste dated 25th January 2012 and 8th February 2012 respectively.
“The construction of the building did not commence until the last few weeks of Dr. Saraki’s tenure as Governor and the bulk of his contribution to the funding were made with cheques. Where cash was involved, this was mainly in 2012 and 2013, more than a year after he had left office as Governor.
“It should also be noted that the land on which the house is built is not a government allocated land.
“One can only see that EFCC is playing politics and spreading falsehood in its cheap attempt to witch-hunt and intimidate a perceived enemy.”
He expressed surprise that the EFCC “could not even hide its penchant for abusing the nation’s judicial institution as it engaged in forum shopping when it filed a suit in Lagos on a property situated in Ilorin”.
“We will like to restate our earlier position that Dr. Saraki will contest this matter in the court at least to further attest to his belief in the rule of law, the sanctity of the courts and their enduring readiness to do justice in all matters and to all persons,” Olaniyonu said.
“Let it be known that the usual claim by the EFCC that its actions were directed against corrupt elements does not apply to Dr. Saraki because he is a man who at every point in his public service has sought to institute transparency and accountability in governance.”
