Justice Emeka Nwite of the Federal High Court, Abuja, on Thursday, set aside the order of temporary forfeiture of $378, 000 and a Mercedes Benz GLS 600 Maybach to the Federal Government.
The judge in a ruling held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) concealed and suppressed material facts in obtaining the order.
He agreed with the defence counsel, Afam Osigwe (SAN), that the ICPC failed to inform the court of a pending matter in a sister court where parties had been ordered to maintain status quo pending the determination of the matter.
The judge acknowledged that though the ICPC lawyer, Osuobeni Akponimisingha, maintained that the commission did not conceal any fact as the order gotten had nothing to do with the pending case, he held that the law placed so much trust on the party applying for such order.
He held that it was the duty of the parties, as the law imposed, to be diligent in their cases.
Nwite said: “It is not in doubt that the suit is connected to the present proceedings. The suit has the capacity to influence the decision of this court.”
“The applicant is naturally bound to respect the order of this court made on the 14th day of August, 2024.”
“Consequently, this court holds that the applicant concealed and suppressed materials facts.”
The judge also directed the ICPC to remove the restriction vide Post No Debit Order placed on the Zenith Bank Account of Fides Et Ratio Academy Limited-5074703084.
He equally ordered immediate release of the Mercedes Benz GLS 600 Maybach detained by the ICPC.
Justice Nwite on January 6 ordered a temporary forfeiture of $378, 000 and a Mercedes Benz GLS 600 Maybach to the Federal Government.
He gave the order after Akponimisingha moved a motion ex-parte to the effect.
The judge also directed the commission to publish the notice in a national daily for interested person(s) to show cause why the cash and the vehicle should not be permanently forfeited to the federal government.
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