Economic And Financial Crimes Commission V Chief Patrick T. Chidolue (2018)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, JSC

This is an appeal against the judgment of the Court of Appeal Abuja, delivered on 7th March, 2011 wherein the lower court ordered the appellant herein to release the Respondent’s Standard Chartered Bank Cheque No. 00052310 for the sum of N100,000,000.00 (One Hundred Million Naira) which was unlawfully collected from him. A synopsis of the facts will suffice.

At the Federal High Court Abuja, the Respondent herein, by an originating summons dated 17th October, 2008, sought the following reliefs: –

1.A declaration that the Defendant’s forfeiture of the Plaintiffs Standard Chartered Bank Cheque No. 00052310 for the sum of N100,000,000= (one hundred million naira) only is a violation of the Plaintiffs right to property guaranteed under section 44 of the Constitution of the Federal Republic of Nigeria, 1999 and is accordingly unconstitutional and void.

2.An order of mandatory injunction directing the Defendant to release forthwith to the plaintiff his Standard Chartered Bank Cheque No. 00052310 for the sum of N100,000,000= (one hundred million naira) only which the Defendant forfeited from the plaintiff without lawful authority.

3. An order of perpetual injunction restraining the Defendant by themselves, their agents/servants or privies from forfeiting the plaintiff’s property in anyway violating the plaintiffs right to property guaranteed under section 44 of the Constitution of the Federal Republic of Nigeria, 1999.

The Respondent herein, who was plaintiff at the trial court also submitted two questions for determination by that court as follows: –

1.Whether the Economic and Financial Crimes Commission (Establishment) Act, Cap E1 LFN 2004 which established the Defendant conferred on it power to compulsorily take possession or forfeit the property of a citizen of Nigeria without a court order first sought and obtained.

2.If the answer to the above is negative, whether the Defendant is bound to return to the Plaintiff the Standard Chartered Bank Cheque No. 00052310 for the sum of N100,000,000= (one hundred million naira) only which the Defendant compulsorily forfeited from the Plaintiff.

The originating summons which was accompanied by a 17 paragraphs affidavit was heard by the Federal High Court Abuja and in a reserved and considered judgment delivered on 11th February, 2010; the learned Trial Judge dismissed the Respondent’s claim on the ground that the claims were not proved.

Dissatisfied with the judgment of the learned trial judge, the Respondent herein appealed to the Court of Appeal which after hearing, allowed the appeal in part and directed the appellant herein to release to the Respondent the Standard Chartered Bank Cheque for the sum of N100,000,000= (one hundred million naira).

Dissatisfied with the decision of the lower court, the Appellant herein has appealed to this court vide its notice of appeal dated 24th Mach, 2011 and filed on 25th March, 2011.

Although the facts as set out by the appellant in its brief of argument are disputed by the Respondent in his own brief of argument, the facts as stated by the court below shows that sometime in 2005, the appellant received a petition against Chief DSP Alamieyeseigha, a former Governor of Bayelsa State. During the investigation which followed the petition, it was found that the former Governor bought the property known as Chelsea Hotel, Abuja with funds belonging to Bayelsa State Government, using one of his companies, Herbage Global Services Ltd. The property was sold to Alamieyeseigha by Panasonic Industries Ltd; a company owned by the Respondent for One Billion, Five Hundred Million Naira (N1.5B) and a sale agreement evidencing the sale was made.

Following the filing of a charge against Chief DSP Alamieyeseigha and Herbage Global Services Ltd, the Appellant herein obtained an order of temporary forfeiture against the properties of the accused persons in the charge. While the said temporary forfeiture was pending and after Alamieyeseigha was impeached, the Respondent entered into another agreement with the new government of Bayelsa State with the sole aim of re-transferring Chelsea Hotel Abuja to Bayelsa State Government and in the process, he misled the government that he sold the property for two billion naira and that he was only paid one and a half billion, leaving a balance of N500, 000,000=. For this wrong advice, a fresh agreement was entered between the Respondent and the Bayelsa State Government for N400, 000,000=. As a result, a cheque of N400,000,000= was issued to the Respondent. The investigation report and the cheque that was issued to the Respondent by the Bayelsa State Government are not part of the evidence in this appeal.

According to the Appellant, its operatives got to know of the foregoing and the Respondent was invited for interview and questioning. A charge was drafted against the Respondent herein for tempering with a property in respect of which temporary forfeiture order had been obtained. Appellant added that the Respondent offered to refund the sum of N400,000,000= he collected from Bayelsa State Government and deposited a cheque of N100,000= as part payment of the said sum. That all these happened in May, 2006.