Ex-NNPC GMD Yakubu moves to recover seized $9.7m

Yakubu filed a motion before the Federal High Court sitting in Kano state, calling for the dumping of the ex-parte order of February 13 that ordered the temporary forfeiture of his $9,772,800 and £74,000,000 to FG

- EFCC has discovered the said money in raw cash at his house in Sabon Tasha, Kaduna on February 10, 2017

Andrew Yakubu wants his seized $9.7m cash returned to him.

Former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC) Andrew Yakubu has moved to have the huge cash found in his home returned to him.

The Nation reports that Yakubu asked the Federal High Court to discharge the order temporarily forfeiting his $9,772,800 to the Federal Government after the money was recovered by the Economic and Financial Crimes Commission (EFCC) at his house in Sabon Tasha, Kaduna on February 10, 2017.

Yakubu made the request in a motion on notice file before the Federal High Court sitting in Kano state, praying for an order setting aside, discharging or vacating the ex-parte order of February 13 that ordered the temporary forfeiture of $9,772,800 and £74,000,000 belonging to him to the Federal Government.

According to Yakubu, by Section 45 of the Federal High Court Act, an offence shall be tried only by a court exercising jurisdiction in the area or place where the offence was committed and the perceived offense was not committed in the jurisdiction of the Abuja high court that ordered the forfeiture.

“The applicant/respondent (i.e. the Federal Government of Nigeria) lacks the competence (locus standi) to seek the interim reliefs whereof the order of this honourable court dated 13th February, 2017, was made.

“By Section 28 of the EFCC Act, only the commission has the vires (authority) to seek an order for the interim forfeiture of property under the Act. Although the EFCC was not the applicant, the order was granted in its favour in the body of the order.

“The power of this honourable court to make interim forfeiture order(s) pursuant to Sections 28 and 29 of the EFCC Act, 2004, is applicable only to alleged offences charged under the EFCC Act and not to offences cognisable under any other law,” Yakubu said.