N2bn Pension fraud: Court orders final forfeiture of Maina’s property
A Federal High Court in Abuja has ordered the final forfeiture of 20 identified properties located in different parts of the country, belonging to the jailed former Chairman of the Pension Reform Task Team, Abdulrasheed Maina.
Justice Joyce Abdulmalik, in a judgment on Thursday, held that the applicant, the Economic and Financial Crimes Commission (EFCC) effectively discharged its responsibility under the law to establish that the properties were acquired with proceeds of crime.
Justice Abdulmalik also held that the various individuals, who responded to an earlier interim forfeiture order, requiring interested parties to show cause why the properties should not be permanently forfeited, failed to establish their ownership of the affected properties with credible evidence.
Maina’s wife, Laila, who claimed to be a citizen of the United States and some of his relatives and associates, including Uwani Usman, Alhaji Aminu Yakubu Wambai, Haruna Mu’azu Musa and Aliyu Abdullahi had claimed to own some of the 23 properties in respect of which the Economic and Financial Crimes Commission (EFCC) had earlier obtained an order of interim forfeiture.
In her Thursday’s judgment, Justice Abdulmalik agreed with lawyer to the EFCC, Farouk Abdullah that those who claimed to own the properties failed to effectively establish the alleged ownership by producing credible evidence.
Justice Abdulmalik said: “It is trite in law that civil cases in non-conviction forfeiture are hinged on the preponderance of evidence.
“Again, I hold that the respondents have failed woefully in tilting the scale of evidential weight in their favour.
“In all, sequel to the facts and documentary detailed evidence relied on by the applicant (the EFCC) in support of this application for final forfeiture, I do hold that the evidential burden of proof indeed shifted to the claimants to establish by way of cogent documentary evidence, the sequential trail of the genesis of their finances leading to the buildup as well as the the acquisition of the aforementioned properties subject of interim forfeiture.
“In view of this grave omission on the part of the claimants (Maina, his wife and his associates) to show good and credible cause on the history of their legitimate earnings, I hereby find merit in applicant’s application for final forfeiture of properties Nos: 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 set out in schedule one, attached to the order of interim forfeiture, save properties No: 3, 14 and 20. I so order.”
The affected properties are located in Abuja, Nasarawa State, Kaduna State and Kano State.
They include:
*Plot No: 965 Gwarimpa 1 District, Cadastral Zone: CO2, covered by C of O No: 1afew-fe28z-63a5r-e36eu-10.
*Duplex located at No: 16 A Katuru Road, Kaduna.
*52B, SMC Quarters, Unguwan Dosa, Lot 016, comprising a 3 bedroom semi-detached bungalow.
*Property at Tola Street, Badarawa, Kaduna, comprising three bedrooms and an undeveloped land.
*Plot Y12, Kano Street, Kawo New Extension, Kaduna.
*A duplex located at No: 21, 52 Crescent , Kubwa Phase 1V estate
*House 8, 211 Road, a close numbered FHA/EST/264/TA/032.l, 3 bedrooms bungalow.
*Farm at Dorawa, Karshi Development Area, Karu Local Government Area, Nasarawa State.
*Another farm at Dorawa, Karshi Development Area, Karu Local Government Area, Nasarawa State.
*Plot 3A, Sambo Road, Unguwan Rimi, covered by C of O No: KD15452.
*Plot MF-27A, New Pasafi Layout, Kuje, Abuja.
*Plot 1B Ajayi Road, Unguwan Rimi, covered by C of O numbered: NC24059
*Block 23 Flat 2 located at Life Camp (2 bedroom semi-detached.
*Property at No: 62 A/C Maternity ward , Damaturu Road, Biu
*Plot 3A, Sambo Road, Unguwan Rimi covered by C of O No: KD15452 comprising of uncomplicated buildings.
*Plot covered by C of O B426 beacon: B5086; B5087; B5105; B5104; B5099 at Cadastral Zone B05, Utako.
*No: 16 Dabai Road, off Mangoro Road, Sokoto State.
*No. 13 Korau Road, Nasarawa District, Kano.
*Plot 965 Cadastral Zone C02, Gwarimpa, FCT, Abuja.