Court gavel
Federal High Court in Abuja has ordered the permanent forfeiture of $49,700 recovered from Dr. Nura Ali, the former Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in Sokoto State, to the Federal Government of Nigeria.
Justice Emeka Nwite issued the order on Wednesday after hearing a motion moved by Osuobeni Akponimisingha, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Akponimisingha informed the court that the anti-graft agency had complied with the earlier interim forfeiture order granted by the court and duly published a public notice inviting any interested party to show cause why the funds should not be permanently forfeited.
> “We, therefore, seek an order forfeiting the sum of $49,700 US dollars to the Federal Government in view of the processes filed in respect of this matter from interim forfeiture to this stage, my lord,” Akponimisingha said.
The ICPC counsel added that since the publication, no individual or entity had come forward to claim ownership of the seized funds.
Judge Declares Application Meritorious
In his ruling, Justice Nwite agreed with the prosecution’s submission and held that the request for final forfeiture was justified.
> “I have listened to the submission of learned counsel to the applicant and I have also gone through the affidavit evidence.
I am of the view that the application is meritorious. Consequently, the application is granted,” the judge ruled.
The News Agency of Nigeria (NAN) reports that the judge had, on December 30, 2024, initially ordered the temporary forfeiture of the funds following an ex-parte motion brought before the court by the Federal Republic of Nigeria (FRN) through the ICPC and the Department of State Services (DSS).
The motion, marked FHC/ABJ/CS/1846/2024, was filed on December 24, 2024, and jointly signed by Usman Dauda, Director of Legal Services at the DSS, and Akponimisingha of the ICPC.
Details of the Seizure and Investigation
According to the motion, the $49,700 was recovered during a search operation conducted by DSS operatives at Dr. Ali’s residence in Kano. The funds were described as “property suspected to be proceeds of unlawful activity.”
The court was also asked to direct the ICPC and DSS to conduct a thorough preliminary investigation into the alleged offences and deposit the recovered money in an escrow account at the Central Bank of Nigeria (CBN) pending further proceedings.
The agencies were further instructed to publish a newspaper notice calling on any interested parties to show cause why the money should not be permanently forfeited.
Prosecution Alleges Bribery and Unlawful Enrichment
In its filings, the Federal Government claimed that the seized amount represented “bribe money received by Dr. Nura Ali when he was the INEC Resident Electoral Commissioner for Sokoto State.”
The ICPC argued that the funds could not have come from legitimate earnings, stating that INEC does not pay its officials in U.S. dollars.
> “The alleged moveable property is not the legitimate earning of Dr. Ali as Independent National Electoral Commission’s Resident Electoral Commissioner. The alleged moveable property is suspected to be proceed of crime,” the application read.
The agency maintained that the aim of the application was not to confiscate property unfairly but to prevent the dissipation of assets pending verification of their lawful ownership.
> “Where cogent and verifiable explanation exists as to how the property was acquired, devoid of crime, the alleged owner or any other person having proprietary interest in the property will be allowed unrestricted possession of the property,” the document added.
DSS Testimony and Alleged Confession
Supporting the ICPC’s position, Iliya Markus, a litigation officer with the commission, stated in an affidavit that the DSS had received intelligence linking Dr. Ali to alleged bribery involving political stakeholders during the 2023 general elections in Sokoto State.
Markus explained that operatives executed a search warrant at Ali’s home, where the cash was found.
> “In the course of the execution of the search warrant, the sum of $49,700.00 was recovered from the house,” he said.
He also told the court that Dr. Ali, in a written statement to the DSS, claimed that the money was given to him by former Sokoto State Governor Aminu Tambuwal and Senator Aliyu Wamakko.
Ali allegedly wrote to the DSS later, seeking the return of the funds, a request that was rejected. Copies of his letters were tendered as Exhibits DSS 3 and DSS 4.
Court’s Final Decision
Justice Nwite, after reviewing all evidence and the absence of any opposition, concluded that the funds should be permanently forfeited to the Federal Government.
The judge had earlier adjourned the matter to January 30, 2025, for a compliance report on the publication, and later to March 31, 2025, for the substantive hearing—culminating in Wednesday’s final forfeiture order.
NAN
