Court Vacates N1bn Interim Forfeiture Order Against FG Probe Panel

Justice Ijeoma Ojukwu of the Federal High Court in Abuja has
vacated the order which directed that about N1.4billion stashed in
an Access Bank Plc account be forfeited in the interim to the
Federal Government.

Consequently, the Court struck out the matter.

The ceased fund belongs to the family of late billionaire, Lord
Chief Dike Udensi Ifegwu.

But the children, led by Mr Okafor Dike Udensi, for himself and
on behalf of the family, filed a motion on notice seeking that the
order be vacated.

The motion was filed for the family by Mike Orjiako, who led
Henry Iheanacho, Orjiako Precious, and Orjiako Unique-Mike for the
respondents.

Justice Ojukwu gave the ruling at a resumed sitting on Thursday,
sequel to an oral application by the applicants’ lawyer, Celsius
Ukpong, pleading that the matter be withdrawn.

At the sitting meant for definite hearing, contrary to the
court’s several directives, the presidential panel could not
produce a report of settlement involving parties in the matter and
the resolutions taken.

The Judge had directed that the report of settlement be served
on all parties and filed in court on June 12.

However, counsel to the applicants, Celsius Ukpong told the
Court that the matter was for a definite report of settlement.

In view of the court directive, Ukpong disclosed that they met
with all parties, including the party seeking to be joined.

He stated that findings revealed that the matter was generated
by a family feud, which they did not intend to pursue.

Ukpong also indicated that the whistleblower, one Adakole
Kingsley, who gave the information has gone underground.

“In the circumstances, it will be unfair to insist on the
interim order,” the applicants’ counsel stated.

He applied that the matter be withdrawn and therefore urged the
Court to deal with the matter judiciously.

In view of the position taken by the applicants’ lawyer, counsel
to the 3rd respondent, Ifeoma Aniekwe urged the Court to strike out
the matter.

Similarly, Michael Orjiako, representing the 2nd respondent,
aligned himself with the submission of the 1st respondent’s
counsel.

Orjiako added that the whistleblower be charged to Court because
the reputation of the Udensi Ifegwu’s family has been smeared,
maligned and disparaged before the public.

On his part, Ugochukwu Michael, who announced appearance for the
party seeking to be joined as 4th defendant, associated herself
with the position taken by the 2nd and 3rd respondents counsel.

Delivering ruling, Justice Ojukwu stated that in view of the
absence of the whistleblower to substantiate his claims, “the order
of interim forfeiture granted on the 10th of April is hereby
vacated.

Consequently, “the matter is struck out,” the Court held.

Recall that Justice Ojukwu had on April 10, 2018 ordered the
freezing of the total sum of N1,041,999,130.00 said to be found in
the Access Bank account of the late billionaire, Lord Chief Ifegwu
Dike Udensi.

The Court made the interim order upon hearing an ex parte
application brought by the Special Presidential Investigation Panel
for the Recovery of Public Property, headed by Mr. Okoi
Obono-Obla.

The application was filed on behalf of the SPIPRPP by its
lawyer, Dr. Celsus Ukpong, on April 10.

The Federal Government, the Attorney-General of the Federation,
and the SPIPRPP were named as the applicants in the ex parte motion
FHC/ABJ/CS/290/2018.

Joined as respondents were Access Bank, Lord Chief Ifegwu Dike
Udensi and Lady Joyce Dike Udensi Ifegwu, a former Chairman of the
defunct Citizens International Bank Ltd.

The presidential panel said it was investigating the source of
the money stashed in Access bank on the suspicion that it was
“proceeds of unlawful activity.”

To secure the order for interim forfeiture, the presidential
panel had told the Court that it got information from a whistle
blower that the source of the money deposited in Access bank was
questionable.

Meanwhile, in the motion on notice filed by Orjiako Mike, the
Udensi Ifegwu family sought for, “an order mandating the applicants
to produce the purported whistleblower, Adakole Kingsley in Court
for the purpose of being cross examined as to the substance of his
allegation leading to the application for forfeiture sought in the
court.

“An order refusing the final order of forfeiture sought from the
court.

“An order vacating and/or discharging the order of interim
forfeiture made by the court on the 10th day of April, 2018 in this
suit.

They also sought for an order directing the 1st respondent
(Access bank) to release the funds sought to be forfeited to the
family of the deceased billionaire.

The motion was dated 30th April, 2018.

The applicant filed the motion on the grounds that the 1st to
3rd applicants suppressed and misrepresented material facts to the
court in their ex parte application for that resulted in the grant
of the order of interim forfeiture.

The Ifegwu family told the court the 1st to 3rd applicants acted
on a self-imposed urgency in obtaining the said order on the
personal account of the 2nd respondent, who died intestate since
the 18th day of July 2012.

Also, Ifegwu family posited there was no evidence of any inflow
of any sum from any illegal or criminal source into the subject
account.