THE NATION

A Federal High Court in Abuja has ordered a temporary freezing of accounts and seizure of immovable property belonging to a retired judge and a director with the Niger Delta Development Commission (NDDC).

The judge, identified as Margaret Igbetar Movihinze, was said to have recently retired from the service of the Benue State Judiciary.

She was alleged to have opened and operated an account in Ecobank in the name of her maid, Theodora Atsu.

The NDDC official, identified as Solomon Okpa Ita, was accused of being a shareholder and director of a private company – Agare Wills Limited – while she was still a public servant in the employ of the regional commission.

Following two ex parte motions filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and argued by its lawyer Osuobeni Akponimisinga, Justice Taiwo Taiwo, in a ruling on August 19, granted all the reliefs sought.

Justice Taiwo ordered the ICPC to publish the reliefs granted in a national daily and for the affected parties to show why the assets should not be finally forfeited to the government.

The first motion has Igbetar Movihinze Maegaret and Atsu Theodora as respondents.

The reliefs granted in the motion include:

* An order of interim forfeiture of N840,921,929.51, being proceeds of some unlawful activity allegedly stashed in Ecobank with account number 4701000812 in the name of Theodora Atsu.

* An order of interim forfeiture of N3,688.27 standing as current balance other than the fixed deposit amount, being proceeds of some unlawful activity allegedly stashed in Ecobank with account number 4701000812 in the name of Theodora Atsu.

* An order restraining any person or persons, whether human, juristic or artificial, not to part with, deal with, deal in or otherwise dispose of such property or any part thereof on account number 4701000812, pending the determination of the matter.”

The ICPC, in seeking the reliefs, stated that “the victim of the alleged crime is the Federal Government of Nigeria and innocent taxpayers, who include judges of courts across Nigeria”.

It added: “The moveable properties are alleged to have been acquired through some unlawful activities, which proceeds, if not illicitly taken from the coffers of the Federal Government of Nigeria, same would have been used to meet the infrastructural needs of the citizens and development of the nation.

“The alleged owners, in the course of investigation, particularly the first respondent, opened the suspicious account with stolen identity, that is, she used her passport photograph to open the suspicious account in the name Theodora Atsu to avoid being noticed.

“The first respondent is a retired judge, and she may have used her position to acquire the illicit funds and hide same in the name of the Theodora Atsu.

“The respondents may likely dissipate the alleged suspicious moveable properties should the court not intervene at this moment to preserve the res (subject of the case).

“The alleged moveable properties may likely be used by the respondents to fund activities that may make the country unstable and ungovernable by the present administration, which may also spill over to successive administrations in the future.”

In a supporting affidavit, an operative of the ICPC, Markus Iliya said the commission received intelligence that the respondents were involved in some unlawful activity against the interest of the Federal Government.

“The commission, upon preliminary investigation into the intelligence report, found that the first respondent is a retired judge, wherein she allegedly used her passport-size photograph to open an account with Ecobank in the name of Theodora Atsu – the second respondent – with number 4701000812. “

“The second respondent is the house maid of the first respondent. From the preliminary investigation, the alleged suspicious funds are proceeds of crime.

“The applicant (ICPC) has begun a thorough investigation around the first and second respondents to x-ray other facts, which are likely to be more shocking and ground breaking.”

The second motion has Agare Wills Limited and Solomon Okpa Ita listed as respondents.

The reliefs granted in relation to the motion include:

* An order of interim forfeiture of the following immovable properties described as Agare Wills Petroleum/Gas Station Limited, located at Parliamentary Extension Expressway, Calabar, Cross River State, and Agare Wills Event Centre and warehouse situate at Parliamentary Extension Expressway, Calabar, Cross River State, being immovable properties linked to Agare Wills Limited and Solomon Okpa Ita during preliminary investigation as proceeds of some unlawful activity.

* An order of this honourable court directing the applicant to publish a notice in the national newspapers calling for persons having interest in the moveable and immovable properties described in prayers one above, to show cause in court why the properties so described should not be finally forfeited to the Federal Government of Nigeria.

The grounds, on which the applicant relied in seeking the reliefs, included that “the victim of the alleged crime is the Federal Government of Nigeria and innocent taxpayers, which include judges of courts across Nigeria.

“The immovable properties are alleged to have been acquired with proceeds of crime, which proceeds, if not illicitly taken from the coffers of the Federal Government of Nigeria, same would have been used to meet the infrastructural needs of the citizens and development of the nation.

“The alleged owners, in course of investigation activities, were unable to account for, with cogent proofs, how they came about the alleged immovable properties.

“The second respondent (Solomon Okpa Ita), who doubles as shareholder and director of Agare Wills Ltd, his legitimate earnings are far less than the value of the alleged immovable properties, being a public servant in the employment of the Niger Delta Development Commission (NDDC).

“The respondents may likely sell off or dissipate the alleged immovable properties to unsuspecting members of the public for value, should the court not intervene at this moment

“The alleged movable properties may likely be used by the respondents to fund activities that may make the country unstable and ungovernable by the present administration, which may also spill over to successive administration in the future.”