ABUJA – Justice Binta Nyako of the Federal High Court Abuja has said that the  properties located at Flat 5 Parkview,  Prince Albert Road, and flat 58 Harley House, Marylebone, all in the United Kingdom were legitimately earned and purchased by Mr. Benecdict Peters.

 

Justice Nyako found out from affidavit evidence tendered before the court  that the AITEO boss had no link with former Minister of Petroleum Resources.

 

 The ruling followed an application filed  before the court by the EFCC on January 12, in pursuant to order 26, rule 11,12 (1) and (2) order 48 rule 4 of the Federal High Court  (Civil Procedure ) Rules 2009 , section 33 of the EFCC Act of 2004 .

 

Recall that a High  Court of the Federal Capital Territory had on December 5, 2017,  ruled that the choice propety, listed as 58 Harley House,  Marylebone Road,  London, the same as the property listed under the application by Rosewood investment limited and the property listed as Flat 5 parkview 83_86 prince Albert road , St. John‘s Wood, London were legitimately acquired by Peters.

 

In the instant application, the court also held that the properties were acquired through proceeds of legitimate earnings.

 

Consequently, Justice Nyako had to quash the forfeiture order obtained by the Economic and Financial Crimes Commission  (EFCC), on all UK properties belonging Benedict Peters.

 

The court also directed the EFCC to immediately release the  properties to Mr. peters, insisting that the said houses have no link to Mrs Dieziani Alison- Madueke.

 

Madueke is currently under investigation by the EFCC and UK authorities over allegations of corruption while in office .

 

 Justice Nyako in the ruling, however declared that the  said  properties cannot be part of an Interim Forfeiture Order obtained by EFCC in 2016, in the course of its investigation over allegations of corruption against the former Petroleum Minister.

 

 According to her: “The said properties amongst others having  been legitimately acquired by the defendant  Mr. Peters and  cannot  be forfeited to the government under any circumstance

 

 “This settles to my mind the issues of the first two applications and judgment by the FCT High Court.”

 

 Justice Nyako stated that the court has no authority to sit on appeal on a decision earlier taken by the FCT High Court, which is a court of coordinate  jurisdiction.

 

 The judge further argued that the interim forfeiture earlier granted the EFCC cannot override or supercede an order of final judgment of a court of coordinate jurisdiction.

 

 “Consequently, I hereby uphold the orders of the High Court of FCT and order the release of the properties of  Rosewood investment, limited and Collingwood limited immediately.”

 

  Justice Nyako ruled that the respondents,  EFCC, merely suspected that the properties mentioned belong to the former minister of Petroleum and seized them amongst other property purported to have belonged to the former minister as proceeds of crime.