The former group managing director of the defunct Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, has instituted a suit against the Central Bank of Nigeria (CBN) and the Economic and Financial Crimes Commission (EFCC) over the custody of $9.8m cash belonging to him.
The former NNPC GMD sued CBN and EFCC alongside a commercial bank, for their refusal to release the $9.8 million which belonged to him.
The suit marked: FHC/ABJ/CS/231/2023 is before Justice Inyang Ekwo of the Federal High Court Abuja.
Yakubu, through his counsel, Ahmed Raji, SAN, filed the suit seeking an order directing the defendants to immediately release the money to him in view of the court judgment.
In the originating summons filed on March 8, 2023, Andrew is asking the court whether the EFCC ought to still have his seized money in its custody after a judgment in his favour on March 31, 2022.
He also asked the court “whether the court did not become dominus litis of the respective sums of $9,773,200 and £74,000 belonging to” him when same was put in issue, and in evidence before the court in charge number: FHC/ABJ/CR/43/2017 between Federal Republic of Nigeria v. Engr Andrew Yakubu, and in respect of which judgment was delivered on the 31st of March, 2022.”
“Whether the monies ought not to be released to him forthwith, or paid into an account under the control of the registry of the court, pending the outcome of the appeal lodged by the EFCC against the said judgment.”
He sought “An order directing the respondents to immediately transfer the said monies into an account under the control of the FHC chief registrar or into an account to be operated by the chief registrar, the EFCC and him, pending the determination of the appeal.
However, in a notice of preliminary objection, the EFCC asked the court to dismiss the suit.
EFCC argued that the suit constituted an abuse of court process and that the court lacked the jurisdiction to entertain the matter.
The EFCC also informed the court that two other appeals arising from the case, were pending at the Supreme Court with appeal number:. SC/CR/241/2020, between the Federal Government and Yakubu, and appeal number: $C/CR/223/2020 between Yakubu and FG.
It noted that an appeal regarding the said judgment is before the court of appeal in Abuja.
EFCC averred that while waiting for the apex court to fix a date for hearing, Mr. Andrew brought an application asking the supreme court to direct the commission to deposit the monies in a bank account to be managed by the registry of the Supreme Court.
The EFCC prayed the court to discountenance Andrew’s application and uphold its preliminary objection in the interest of justice.
At the resumption of hearing today, Andrew’s lawyer, A.A. Usman informed the court that they were in receipt of counter affidavits from the defendants and they would need time to respond.
GTB’s lawyer, Idaye Imbu, also told the judge that a motion to regularize their processes had been filed.
The court granted the Bank’s prayer as other party’s did not oppose to it, but subsequently, Justice Ekwo adjourned the matter until May 18 for hearing.
In 2017, the EFCC had raided Mr Andrew’s house and seized $9,772, 800 alongside £74,000 from his home,
The EFCC suspecting that the funds were proceeds of crime, arraigned him on March 16, 2017 on a six-count charge bordering on money laundering.
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