Justice Zainab B. Abubakar of the Federal High Court Kano will rule on 10 May whether to uphold the interim forfeiture order granted in favour of the Federal Government in respect of the $9,772,000 and £74,000 seized from Andrew Yakubu, former managing director of the Nigerian National Petroleum Corporation.
The money was recovered by the Economic and Financial Crimes Commission from Yakubu’s house at Sabon Tasha area in Kaduna on 9 February.
Yakubu thereafter filed an application asking the court to set aside the order of interim forfeiture granted 13 February.
Ahmed Raji who brought the motion on behalf of his client informed the court that the application was supported by 17-paragraph affidavit and 2 attachments and a written address.
Counsel for the respondents Aisha Tahir Habeeb informed the court that they have filed a 19 paragraph counter affidavit in response to the motion on notice filed by the defendant.
In his argument on a further affidavit, Raji urged the court to set aside the interim forfeiture granted in favour of the Federal Government as the mere mention of forfeiture in the order might tempt the Government to expend the money.
He argued that instead of forfeiture, the order should be for an interim attachment of the property.
Aisha Habeeb in her response told the court that the order speaks for itself.
“The order said “in the interim pending conclusion of the matter” which is now before Abuja Federal High Court.”
She added that the Government can not touch money that is under court order.
Justice Zainab adjourned the matter till May 10, 2017 for ruling.