Justice Ayokunle Faji of a Federal High Court, sitting in Lagos, yesterday, ordered a final forfeit of 111 vehicles and motorcycles abandoned by fleeing drug dealers.
The court also granted an order directing the National Drug Law Enforcement Agency (NDLEA) to sell the forfeited vehicles and payment proceeds therefrom to the Federal Government of Nigeria.
The judge made the orders, after listening to NDLEA’s counsel, Abu Ibrahim, moved the application. In urging the court for the final forfeiture of the vehicles, Ibrahim told the court that the orders sought for were pursuant to sections 44 (2)(B) of the Constitution of The Federal Republic Of Nigeria, 1999 (As Altered), Section 3 (1)(a)(c) Of the NDLEA Act N.30 Laws of the Federation Of Nigeria 2004.
He also told the court that the request is pursuant to Sections 10 (1), (2)(3), 11, 13, 17 (1)(4) of the Proceeds of Crime (Recovery And Management) Act, 2022, and under the court’s Inherent Jurisdiction, and under Section 6 (6) (a) of the Constitution of the Federal Republic Of Nigeria, 1999.
The counsel further told the court that the grounds for the final forfeiture of the vehicles, include: “that the court has the statutory and constitutional powers under the provisions of sections 10 (1), (2) & (3), sections 11, 13, 17 (1) & (4) of the Proceeds of Crime (Recovery and Management) Act, 2022 and section 44 (2) (B) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) to grant the reliefs being sought.
The lawyer also moved the affidavit in support of final forfeiture order, deposed to by one Nnanna Alamezie, a litigation officer in the legal department of the agency.
In the affidavit, the deponent averred that on June 9, the court made a preservative order in respect of the applicant’s Ex-parte concerning subject matter of the said application.
The deponent said he was informed by the applicant’s counsel in their office on July 13, that 14 days have elapsed since the publication of the preservative order.
Alamezie further stated that the applicant must approach the court within 60 days of the making of the preservatory order for a final forfeiture order.
He added that the said vehicles and motorcycles are now at various degrees/states of deterioration in terms of quality and utility, with diminished value.
He also averred that there is no proprietary right of anyone in the property sought to be forfeited, and that no one will be prejudiced by the grant of the application.
Justice Faji after listening to the counsel’s submission, held that the reliefs sought for are hereby granted in accordance with Proceeds of Crime (Recovery And Management) Act (POCA) 2022.
