Galaxy Construction and Transportation Services Limited has accused the Economic and Financial Crimes Commission (EFCC) of abusing court processes to confiscate its property.
The company made the allegation on Friday in a statement while reacting to a Federal High Court Abuja ruling that granted the commission’s prayer for a final forfeiture of several assets of its assets.
In the statement, the company’s Executive Chairman, Mr Babagana Dalori, said that the assets included N335 million cash, a hospital and five filling stations.
Dalori explained that the order was granted by the court in August 2024, but the court directed the commission to abide by certain procedures, including the publication of the assets in national dailies.
He observed that having complied with the court’s directives, the final forfeiture order was lately published by some media outlets.
The chairman, however, described the forfeiture order as illegal.
He claimed that the initial interim forfeiture order previously obtained by the EFCC in respect of the affected properties was set aside by a competent court of coordinate jurisdiction.
This, he said was sequel to a valid and uncontested application he filed.
The he claimed that following the counter-krder, the said properties were sold to settle investment interests.
“Following the setting aside of that order, the properties were lawfully disposed of, in good faith, and used to settle verified debts, well before any second suit was filed by the EFCC.
“At the time of the sale, there was no subsisting legal encumbrance on the said properties.
“Thus, there was no legal basis for describing them as proceeds of crime in any later proceedings,” the statement read in part.
He said that Fadila Yusuf, EFCC’s lawyer handling the case, was fully aware of the development and called on the commission’s leadership to investigate the matter.
“Shockingly, the same legal officer from the EFCC who participated in the first case and was fully aware of the ruling that set aside the interim order, went ahead to file a motion to set aside that judgment but abandoned it midway.
“Rather than pursuing the matter in the same court, initiated a fresh ex parte application in a different court.
“This is a classic case of forum shopping, which is an abuse of court process.
“Worse still, in the new court, she failed to disclose the existence of the first case and the ruling that vacated the earlier interim order, thereby misleading the court into granting a final forfeiture order over properties that had already been lawfully transferred to innocent buyers.”
The company called on the general public and all concerned parties to remain calm and await the outcome of the ongoing legal process that the truth will ultimately prevail.
The affected properties include:
Duplex No. Bo/12340, Maiduguri, Borno State; Residential apartments Plot No. 12, Equilibrium Estate; No. 7, Cadastral Zone DO2, Karsana District, Abuja; and Plot No. 12 of 820.99 square meters.
Others are Plot of land (Plot No. 3, Dakibiyu District, Cadastral Zone B10, Abuja, FCT; Plot of land (Plot No. 136 on 600sqm, B TP/177, Ibrahim Taiwo Estate, Maiduguri, Borno State.
In addition, Plot of land No. NS 11416, measuring 100x50sqm, Ado Karu LGA, Nasarawa State; Farmland (50 hectares, Plot No. FL-867, Gaube Farmland Ext 11 Layout; 4.8 hectares of land (Plot measuring about 4.8 hectares along Mal Oke State Primary School, Dakwa town area, Tafa LGA, Niger.
It also listed Plots of land (Plot No. NE/2111, No. 10/12 Mungono Street, Wulari, Maiduguri, Borno State; consisting of 1,749.17sqm marked with beacons B.4605, B.4604, B.6532, and B.6531; Plots of land (Plot Nos. YB/9516, PBY/719, PBY/7140, PBY/7141, and PBY/7142); Galaxy Hospital (Plot No. Bo/12340, Bolori Layout, Maiduguri, Borno State).
Also private residence (Plot No. 13426, measuring approximately 155/mz, Mararaba Gurku, Karu Local Government Area.
Others are a filling station (Chabbal Village, Borno State); Petroleum filling station (Km 33-650m along Kaduna-Zaria Express Road, Kaduna State and a
Petroleum filling station (Mogaramti along Maiduguri-Kano Road, Borno among several other properties.
In a swift reaction, the Head of Media and Publicity at the EFCC, Dele Oyewale, said the commission followed every legal procedure of securing both interim and final forfeitures of the assets.
”It is ridiculous and untenable for Galaxy Transportation and Construction Services Limited to offer assets under investigation and litigation for sale while legal proceedings were ongoing.
“The jurisdiction of the court that granted the forfeiture orders is indisputable.
“The Commission’s commitment to the recovery of proceeds of crime is total.
”There is no going back on the final forfeitures of the assets.
“They are forfeited to the government, and as usual with such orders, the Commission will go ahead to enforce them.(NAN)