Court orders final forfeiture of N95.3 million traced to ex-SGF Awudu

From Godwin Tsa, Abuja

The Abuja division of the Federal High Court has ordered the final forfeiture of the sum of N9.3 million traced to a former Surveyor-General of the Federation (SGF), Ebisintei Bietoru Awudu, to the coffers of the Federal Government.

The order was a sequel to an application brought by the Independent Corrupt Practices and Other Related Offences Commission(ICPC), describing the money as suspected proceeds of crime.

Justice Evelyn Maha made the order in line with the provision of section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, No14, 2006.

The judge held that the Independent Corrupt Practices and Other Related Offences Commission(ICPC), proved beyond reasonable doubt that the property and the money were proceeds of crime as defined by the Money Laundering Prohibition Act of 2011.

She noted that, in the absence of any objection to the notice of interim forfeiture which had been published for interested parties to show cause why the assets should not be finally forfeited, the court ordered the final forfeiture of the properties to the federal government.

Justice Maha had on December 9, 2021, granted an exparte motion by the Independent Corrupt Practices and other Related Offences Commission (ICPC) for an interim order forfeiting the properties to the Federal government.

The said exparte motion marked FHC/ABJ/CS/1464/2021, was brought pursuant to section 44(2)(b)and (k) of the 1999 constitution; section 17 of the Advanced Fee Fraud and other Fraud Related Offences Act 2006, section 48 of the ICPC Act 2000.

Listed as respondents in the motion exparte dated November 23, 2021, are Surveyor Ebisintei Bietoru Awudu, Kumeni Services Limited and Geolev Nigeria Limited.

She thereafter ordered the applicant to publish the notice of the order in two national dailies not later than December 30, 2021, with a directive that the properties will be liable to a final forfeiture order to the Federal Government, where and if no one comes forward to show cause why an order of final forfeiture should not be granted by the court.

‘That any person, body or entity who is interested in the properties, are at liberty to formally file his/her or its objection to the court, within 14 days from the date of publication and must also inform the legal representative to the applicant, the substance of it in advance,’ the judge ruled.

The case was thereafter adjourned to January 19, 2022, for hearing.

The ICPC told the court how the former Surveyor-General of the Federation, Awudu acquired the sum of N95.3 million through corrupt and fraudulent activities, including the award of phoney contracts and demanding and receiving gratification in the performance of his official duties.

According to the anti-graft agency, ‘it received petitions dated January 30, 2019, from anonymous author alleging that the former SGF engaged in financial mismanagement, maladministration and widespread fraudulent practices during his tenure as Director Planning, Research and Documentation Department in the office of the Surveyor-General of the Federation and while being the Surveyor-General of the Federation within 2013 and 2019.

The commission said its investigation of the petition revealed that the former SGF used his office to amass illegal wealth by the award of contracts to two of his companies: Kumeni Services Limited and Geolev Nigeria Limited.

It further disclosed that Geolev Nigeria Limited was incorporated in 1998 by the former SGF who was also the director, but later resigned as the company director in 2017, when he became a substantive Surveyor-General of the Federation.

That Kumeni Services Limited was registered in 2010 and one Zudonu Ovienai Onisekumeni was the director and also the director of Geolev Nigeria Limited, after the resignation of the former SGF in 2017.
That the former SGF was using the two companies to acquire personal interest from the contracts emanating from the office of the SGF between the years 2013 and 2019.

The properties forfeited to the Federal Government by the order of court include, ‘the sum of N63,177,505.28 standing to the credit of Kumeni Services Limited (1st respondent) in account number 2024151331 of First Bank being proceeds of corrupt practices and fraudulent activities to wit: using the company to receive illegal returns from contracts awarded to other companies by Surveyor Ebisintei Bietoru Awudu (1st respondent) as Director in the office of Surveyor-General of the Federation within the year 2013 and 2019.

The sum of N23,569,272.55 standing to the credit of Geolev Nigeria Limited in account number 0019633574 of Access Bank being proceeds of corrupt practices and phoney contracts awarded but not executed by Surveyor Ebisintei Bietoru Awudu from the office of Surveyor-General of the Federation within the year 2013 and 2019.

The sum of N4,090,040.62 standing to the credit of Kumeni Services Limited in account number 1907715018 of First Monument Bank (FCMB) being proceeds of corrupt practices and unlawful activities using Geolev Nigeria Limited(3rd respondent) to acquire an interest in the contracts emanating from the office of Ebisintei Bietoru Awudu and using Geolev Nigeria Limited to demand and receive returns for Awudu from contracts awarded to other companies b the office of the Surveyor-General of the Federation within the year 2013 and 2019.

The sum of N3,228,196.61 standing to the credit of Ebisintei Bietoru Awudu in account number 0019794411 of Access Bank being proceeds of corrupt practices and fraudulent activities to wit: acquiring an interest in the contracts emanating from the 1st respondent office and demanding and receiving gratification in the performance of official act as Director in the office of the Surveyor-General of the Federation within the year 2013 and 2019.

The sum of N1, 327, 626.00 standing to the credit of Ebisintei Bietoru Awudu in account number 0052711562 of Guaranty Trust Bank(GTB) being proceeds of corrupt practices and fraudulent activities to wit: acquiring an interest in the contracts emanating from the office of the Surveyor-General of the Federation and demanding and receiving gratification in the performance of official act while holding office as Director in the office within the year 2013 and 2019.