Alamieyeseigha: Court Dismisses Defreeze of Accounts

[Richard Akindele]

A Federal High Court Judge, Justice Tijani Abubakar yesterday dismissed two separate applications brought before him , seeking to vacate an interim order he made last December 23, freezing the accounts of seven companies believed to be owned by the impeached Governor Diepreye Alamieyeseigha of Bayelsa State.

The companies, Solomon & Peters Ltd, Santolina Investment Corporation, Pesal Nigeria Ltd, Kpedefa Nigeria Ltd., Jetty Properties Ltd. and Herbage Global Services Ltd., had brought the applications through their counsel, Chief Mike Ozekhome and Mr. Mike Okoye, praying the court to discharge the order freezing their accounts in six banks.

Justice Abubakar, had in the said order directed that properties of the companies which included Chelsea Hotels, Abuja, be forfeited to the Federal Government.

Arguing the application, the two lawyers who appeared for the companies, had contended that their clients were not given fair hearing in the matter which was brought by the Economic and Financial Crimes Commission (EFCC) and maintained that the order was unconstitutional.

Besides, they argued that the order was made pending the completion of investigation by the EFCC, and that since the investigation had been completed, the order ought to be discharged.

But opposing the application, Mr. Rotimi Jacobs, who represented the commission had noted that the applicant companies are currently standing trial alongside Alamieyeseigha before another Judge of the court on a 40 - count criminal charge. He had asked the Judge to refuse the application, submitting that the commission has the power under the Act establishing it to make orders freezing accounts and forfeiture of properties.

Ruling on the application, the Judge declared that the order was constitutional as the court is competent to make such order.

He further noted that five of the seven applicant companies failed to indicate how the interim order affected them, and did also not show their interests in the property and money mentioned in their affidavit.

Justice Abubakar also reasoned that the order for forfeiture only affected Chelsea Hotels but that all the applicants claimed that their houses and hotels were affected without indicating how.

The other five firms, apart from Solomon & Peters Ltd and Pesal Nigeria Ltd, "had no interest in the accounts. I therefore hold that they are meddlesome interlopers who have no interest in the application.

"Since the applicants are standing trial before the Federal High Court, I will find it improper to discharge this order before the completion of the trial of the applicants. This order cannot therefore be set aside.

"On the whole, it is my opinion that the two applications lack merit and they are hereby dismissed" the judge held.

Source: This Day