The Bayelsa State government has discontinued its lawsuit against the
Economic and Financial Crimes (EFCC) and its Chairman, Mr. Ibrahim
Lamorde, before a federal high Court in Abuja. A lawyer, Anthony
Agbonlahor, had filed the suit on behalf of the Bayelsa State government
had urged the court to make certain pronouncement on the funds
recovered from the former Governor Diepreye Alamieyeseigha.
The lawyer had asked the court to hold that the failure of the EFCC
to remit the complete funds recovered from Alamieyesiegha after he was
investigated and prosecuted and “subsequently trading with the funds by
way of funds placement/fixed deposits was an act of corruption and an
economic crime contrary to sections 6 and 7 of the EFCC (Establishment)
Act, 2004. and to repay the monies with the interest. But in its
reaction to the suit, Bayelsa State government placed several public
service announcements to distance itself from the action and urged the
general public to disregard the lawsuit as same was not authorized by
the state government.
By a notice of discontinuance dated March 20 , 2014, Bayelsa State
through its attorney-general and Commissioner for Justice, Chief F.F.
Egele, gave notice of discontinuance of the suit Number
FHC/ABJ/CS/157/14 against the EFCC and Lamorde.
When contacted, the Chief of Staff to the EFCC Chairman, Mr. Kayode
Oladele, stated that the commission had been served with the notice of
discontinuance. He said, “ This finally puts an end to the litigation”
which he considered as having no basis in law and facts.
On the propriety of the status to the property of a person convicted
of an offence of under the EFCC Act, Oladele stated that Section 20 of
the Act make it clear that a person convicted under the Act shall
forfeit to the Federal Government, all the assets and properties which
are the subject of an interim order of the Court after an attachment by
the Commission as specified in section 26 of the Act.
“For the avoidance of doubt all the properties of a person convicted
of an offence under the EFCC Act and shown to be derived or acquired
from such illegal act and already the subject of an interim order shall
be forfeited to the Federal Government upon conviction”; Oladele added.
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