Godwin Tsa
The Abuja division of the Federal High Court on Friday granted a request by the Independent Corrupt Practices and other related offences Commission (ICPC) to freeze bank accounts allegedly owned by the immediate past Governor of Zamfara State, Abdul’aziz Abubakar Yari.
Justice Taiwo Taiwo after listening to the motion exparte ordered that the accounts in Polaris and Zenith banks with funds in United States dollars and Nigerian naira, be frozen pending when the affected person shows cause why the freezing order should be vacated.
The court ordered that ex-govenor Yari or anyone with vested interest in the accounts, must within 14 days, appear to show cause why the funds which the ICPC described as stashed loot, should not be permanently forfeited to the government It directed Federal government to publish the interim order in a national daily, within the next seven days.
The ICPC brought the motion ex-parte marked FHC/ABJ/CS/916/2019, following an intelligence report that Yari and the two companies “are involved in some unlawful activity against the interest of the Zamfara State Government and by extension the Federal Government of Nigeria.”
In the said motion which was moved by Mr. Osuobeni Akponimisingha, the commission alleged that Yari and the companies received various funds belonging to the Zamfara State Government through their accounts with two commercial banks.
Akponimisingha told the court that the funds in the various accounts remained only N24,289,910 and $669,248 as of the time of filing the applications.
Specifically, while Naira and Dollar accounts in Zenith and Polaris Banks, respectively, were opened and operated in Yari’s name, the four other accounts were operated in the name of two firms, Kayatawa Nigeria Limited and B. T. Oil and Gas Nigeria Limited.
Justice Taiwo who adjourned further proceedings till September 11, granted the applicant’s prayers for: “An order of interim forfeiture of the sum of N12, 912, 848.68 (Twelve Million, Nine Hundred and Twelve Thousand, Eighty Hundred and Forty-Eight Naira, Sixty-Eight Kobo), being proceeds of some unlawful activity allegedly stashed in Zenith Bank Plc with account number: 1001381684 in the name of Abdulazeez Abubakar Yari.
“An order of interim forfeiture of the sum of $56, 056.75 (Fifty-Six Thousand, Fifty-Six Dollars, Seventy-Five Cents), being proceeds of some unlawful activity allegedly stashed in Polaris Bank with account number: 21 10000928 in the name of Abdulazeez Abubakar Yari.
“An order of interim forfeiture of the sum of N11, 159, 674.17 (Eleven Million, One Hundred and Fifty-Nine Thousand, Six Hundred and Seventy-Four Naira, Seventeen Kobo), being proceeds of some unlawful activity allegedly stashed in Zenith Bank Plc with account number: 1010757436 in the name of Kayatawa Nigeria Limited.
“An order of interim forfeiture of the s.um of $301, 319 99 (Three Hundred and One Thousand, Three Hundred and Nineteen Dollars, ninety-nine cents), being proceeds of some unlawful activity allegedly stashed in Zenith Bank Plc with account number: 5360050304 in the name of Kayatawa Nigeria Limited.
“An order of interim forfeiture of the sum of N217, 388.04 (Two Hundred and Seventeen Thousand, Three Hundred and EightyEight Naira, Four Kobo), being proceeds of some unlawful activity allegedly stashed in Zenith Bank Plc with account number; 1012556798 in the name of B.T. Oil and Gas Nigeria Limited.
“An order of interim forfeiture of the sum of $311, 872.15 (Three Hundred and Eleven Thousand, Eight Hundred and Seventy-Two Dollars, fifteen cents), being proceeds of some unlawful activity allegedly stashed in Zenith Bank Plc with account number: 5364669609 in the name of B.T. Oil and Gas Nigeria Limited.
“An order restraining any person or persons, whether human, juristic or artificial, not to part with, deal with, deal in or otherwise dispose of such property or any part thereof the following accounts: Abdulazeez Abubakar yari-1001381684«, Kayatawa Nigeria Limited-1010757436 (Naira Account), Kayatawa Nigeria Limietd-5360050304 (Dollar Account), B.T. Oil and Gas Nigeria Limited-1012556798 (Naira Account) and B.T. Oil and Gas Nigeria Limited-5364669609, all domiciled with Zenith Bank Plc and Abdulazeez Abubakar yari21 10000928, Polari Bank, pending the determination of the matter.
“An order of this Honourable Court directing Zenith Bank Plc to fix the alleged proceeds of crime in the aforesaid accounts in an interest yielding account pending the Respondents show cause why the funds should not be forfeited to the Federal Government of Nigeria.
As well as, “An order of this Honourable Court directing Polaris Bank Limited to fix the alleged proceeds of crime in the aforesaid account in an interest yielding account pending the Respondents show cause why the funds should not be forfeited to the Federal Government of Nigeria”.
In a supporting affidavit that was deposed to by Iliya Markus, an officer of the ICPC, he told the court that investigation revealed that Yari had two days before the expiration of his tenure in May 27, received N350m that was paid into his account by the Permanent Secretary Cabinet Affairs of Zamfara State, aside his salary.
He said the amount was transferred the next day by Yari to EFAB Properties Limited. The deponent told the court that though Yari had from 2011 to 2019, used the account to draw his salaries, he however received additional N10m from the Zamfara State Ministry of Finance on August 4, 2011.
He told the court that Yari had on April 7, 2011, deposited $40m in cash, into the account of the 2nd Respondent, Kayatawa Nigeria Ltd, which had zero balance before he became governor. ICPC said analysis of the firm’s account further revealed that Yari deposited the sum of $90m cash in 13 tranches.
“That on June 27, 2011, the 1st Respondent also deposited the sum of $50, 000.00 (Fifty Thousand Dollars) in cash into the account of the 2nd Respondent.
“That one Zayyanu Abubakar deposited the sum of $180, 000. 00 (One Hundred ‘Eighty Thousand Dollars) into the account of the 2nd Respondent between August and September, 2017″.
The commission informed court that its analysis revealed that N150m was transferred to the account of the 3rd Respondent, B. T. Oil and Gas Nigeria, from the Nigeria Governors Forum on June 18, 2015, while Yari served its Chairman. He was said to have withdrawn N100m from the account on July 18, 2015.
“That the alleged funds in the accounts of the Respondents in the aforementioned banks are proceeds of some unlawful activities carried out by the Respondents against the Government and good people of Zamfara State and by extension the Federal Government of Nigeria.
“That the alleged funds are far above the legitimate earnings of the Respondents. That there is nothing to show that the Respondents legitimately earned the various found in their respective bank accounts. “That I know of a fact, and it is now of public knowledge, that the activities of the Respondents, more particularly, the 1st Respondent has become a daily occurrence amongst State Governors in Nigeria.
“That the applicant has commenced a thorough investigation activities around the Respondents to x-ray other facts which are likely to be more shocking and ground breaking.
“That from investigation findings, the 1st Respondent failed to declare his directorship of Kayatawa Nigeria Limited with the Code of Conduct Bureau, CCB.
“That some of the properties allegedly declared with the CCB as owned by 1st Respondent are far above what his legitimate income can afford.