A Federal High Court in Abuja has ordered the final forfeiture of all assets belonging to NOK University, Gwasmyen Water Factory, Gwasmyen Event Center, and Gwasmyen International Hotel in Kaduna State.
Justice Joyce Abdulmalik gave the final forfeiture order on Friday, June 7, 2024, after listening to arguments in a lawsuit filed by the Economic and Financial Crimes Commission (EFCC), through its counsel Ekele Iheanacho.
The anti-graft agency had prayed the court to order the final forfeiture of some properties, belonging to Anthony Hassan, a former Director of Finance and Accounts (DFA) in the Federal Ministry of Health, under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and Section 44(2) of the 1999 Constitution of the Federal Republic of Nigeria.
The EFCC established that Hassan used proceeds from unlawful activities to build NOK University. The forfeited university assets include the Senate building, ICT building, Faculty of Medicine building, Science Deanery building, two academic buildings, a faculty hall, and other structures.
Additionally, the forfeited properties include Gwasmyen Water Factory, Gwasmyen Event Center, and Gwasmyen International Hotel in Kaduna State.
The EFCC’s investigative officer, Adaora Asabe Oragudosi, conducted investigations into allegations of criminal conspiracy, stealing, abuse of office, and money laundering against some Federal Ministry of Health staff, which led to the tracing of the forfeited properties to the defendant.
In her judgment, Justice Abdulmalik stated, “The Apex court has held that any person who lives above his means owes the society some explanations. The burden lies on the accused to justify properties acquired which are disproportionate to his known legitimate earnings. It is in law that forfeitures are hinged on the preponderance of evidence.”
She further noted, “The respondent has failed woefully in tilting the scale of evidence in his favour. It is a principle of law that oral evidence cannot contradict or supersede documentary evidence because documentary evidence speaks for itself.”
The court had initially granted an interim forfeiture of the assets on June 1, 2022.
