The Federal Excessive Courtroom in Kaduna has ordered an interim forfeiture of N1.37 billion allegedly diverted from the coffers of the Kaduna State Authorities into a non-public account.
The cash, part of the funds launched for a failed mild rail undertaking in Kaduna State, was allegedly diverted throughout the administration of former Governor El-Rufai, who ruled the state between 2015 and 2023.
The decide, H. Buhari, issued the forfeiture order on 28 February, following an ex parte software by the Impartial Corrupt Practices and Different Associated Offences (ICPC), which traced the cash to a non-public account.
On 14 February, the anti-graft company filed the ex parte software searching for the restoration of the cash. The ICPC mentioned the El-Rufai administration by no means executed the undertaking, depriving the individuals of Kaduna State of the advantages of the rail transportation system, which the cash was meant for.
The fee mentioned Kaduna State officers diverted the cash via the Indo Kaduna MRTS JV Nig. Ltd, a three way partnership entity arrange in 2016 by the state authorities and Indian businesspeople.
ICPC’s lawyer, E.O Akponimisingha, moved the appliance on 28 February. Being an ex parte listening to, the proceedings excluded the adversarial events who may wish to oppose the forfeiture software.
Due to this fact, whereas granting the ICPC’s software, the decide not solely ordered the interim forfeiture of the cash, he additionally directed the anti-graft company to publish a discover in any two nationwide newspapers requesting any individual with curiosity within the cash to current their declare and present trigger in court docket why the asset shouldn’t be completely forfeited to the federal authorities.
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The decide then adjourned additional proceedings until 8 April for such individuals who could wish to declare the cash to make their case earlier than the court docket.
Background
The Kaduna State Authorities beneath Mr El-Rufai entered right into a three way partnership settlement in October 2016 with Indo Kaduna MRTS JV Nig. Ltd. for a light-weight rail transport system.
Earlier than Mrts JV Nigeria was integrated by the Company Affairs Fee (CAC), the ICPC mentioned, Mr El-Rufai started approving funds to the entity in December 2016.
Ultimately, between December 2016 and January 2017, the then-governor accredited the cost of N11.1 billion to the entity, which was not formally integrated by the CAC till 10 Could 2017.
From the N11.1 billion paid to Mrts JV Nigeria’s account domiciled with Sterling Financial institution, N1.373 billion was allegedly diverted into a non-public account tracked down by ICPC.
ICPC‘s ex parte software filed in court docket on 14 February sought an interim forfeiture of the found cash.
Justifying the forfeiture request, the ICPC argued within the software signed by its chairman, Musa Aliyu, that redirecting the cash into public-use tasks aligns with the broader public curiosity.
The fee additionally mentioned that granting the forfeiture order wouldn’t infringe on constitutional rights of anybody however would serve the larger public curiosity in governance and accountability.
The ICPC launched an investigation into the matter after receiving a petition from M. Yahaya, a lawyer from NUS’ AB Chambers, Abuja.
The petition, dated 27 June 2024 and acquired by the fee on 1 July 2024, alleged a disturbing degree of prison misappropriation of Kaduna State’s funds by officers of the previous administration of Governor El-Rufai.
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A few of Mr El-Rufai’s officers are dealing with expenses within the state or earlier than the Code of Conduct Tribunal, the Financial and Monetary Crimes Fee (EFCC), the ICPC, and the Code of Conduct Bureau over alleged fraud.
The Kaduna State Authorities can be investigating a few of Mr El-Rufai’s aides for corruption and mismanagement of public funds, allegations the previous governor has described as a witch hunt focused at him and his administration.
Mr El-Rufai and the group of his former appointees have persistently maintained their innocence.
They mentioned the transfer by the ICPC to confiscate the sunshine rail undertaking funds, which they described as non-public belongings, “is sheer oppression and abuse of energy”. They added that the transfer may discourage overseas direct investments.
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