Bala Mohammed seeks release of personal effects from house sealed by EFCC

Justice Abubakar Talba of a High Court of the Federal Capital Territory (FCT), Gudu District, has fixed tomorrow for the hearing of the motion seeking the retrieval of personal effects from the sealed house of former Minister of the FCT, Mr. Bala Mohammed.

This adjournment followed a prayer of Mr. Mohammed through his legal counsel, Mr. Frank Molokwu, asking the FCT Court to grant him entry into his house located at No. 1, Mukhtar Street, Asokoro, Abuja, which had been sealed off by the Economic and Financial Crimes Commission (EFCC) since May 2016, to enable him and other members of his household retrieve personal effects at the residence.

Mr. Mohammed is seeking to retrieve from the house 35 sets of ‘babaringa’, 15 pieces of perfumes, 50 sets of leather handbags, 65 pairs of shoes, over 35 boxes of clothes, bed sheets, kitchen utensils and a BMW car.

Mohammed, in the application filed on June 7, 2017, contended that he and his entire family members, as well as his domestic aides, were residing in the six-bedroom duplex at No. 1, Mariam Mukhtar Street, Asokoro, Abuja, until it was sealed off by the EFCC in May 2016.

A supporting affidavit deposed to by a domestic aide to the former minister, Mr. Umar Usman, stated that the sealing off of the property was impromptu, and as a result, the family members moved to a guest house and have been surviving on few personal effects they had to purchase out of desperation.

Usman further averred that, “That there are numerous items belonging to the family members trapped in the property, which if not recovered would be lost and constitute a huge economic loss to the respective owners.

“That further to that, the personal effects of the defendant/applicant’s children namely: Fatima Bala Mohammed, Hauwa Bala Mohammed and Maimuna Bala Mohammed are trapped in the property.

“That numerous gifts secured by the defendant/applicant’s wife, Mrs. Lami Bala Mohammed in respect of her charity/humanitarian works, meant for distribution to the less-privileged during this Ramadan period are currently trapped in the property.”

The affidavit also stated that “none of the personal properties of the defendant/applicant” was connected with the charges preferred against the ex-minister and the proof of evidence”.

It added that, “That the defendant/applicant and his family have been suffering a lot of hardship as a result of the deprivation”.Mohammed therefore prayed for, “an order granting the defendant/applicant and his family members entry to his premises currently sealed off by the Economic and Financial Crimes Commission, in order to retrieve his personal effects and those of other members of his family.”

While the prosecuting counsel, Mr. Ben Ikani, did not object the request of the defendant, he said he would respond to the application. He however added that the application should not be allowed to stall proceedings in the matter.

He told the court that he could help facilitate the release of the items requested to the defendant. He then requested that he be allowed to call his first witness, an investigative officer, Mr. Ishaya Dauda. The court granted his request.Chris Uche (SAN), the lead defence counsel, after the witnesses had taken oath, informed the statement of the witness was not part of the proof of evidence served on the defense.

The EFCC Counsel, Ikani, however said in response, that it was not made mandatory by the law law that he includes the said witness statement in the proof of evidence.He told the court that he could file an additional proof of evidence to exhibit the written statement of the witness but asked for an adjournment to enable him do so.

The judge granted and fixed October 17, 2017 for the commencement of trial.Former Minister, Bala Mohammed, had been arraigned on a six-count charge preferred against him by the EFCC.

The anti-graft agency alleged that Mohammed, while being the Minister of FCT, had in 2014 in Abuja accepted gratification of a house worth N550m situated at No. 2599 and 2600 Cadastral zone AO4 Asokoro District Abuja from Aso Savings and Loans Bank PLC.

The EFCC further claimed the said house was a reward for performing his official duties, an act said to be an offence contrary to Section 18(b) of the Independent Corrupt Practices and other Related Offences (ICPC) Act 2000, and punishable under Section 18 (d) of the same Act.He was also accused of abusing his office while being FCT Minister and Chairman, Board of Directors, Aso Savings and Loans Bank Plc.He allegedly used his office and position to confer corrupt and undue advantage to his associates by allocating four numbers fully detached duplexes and eleven numbers semi-detached duplexes valued at N314m through the Presidential Taskforce on the sale of government houses to them.

The act was said to be an offence punishable under Section 19 of ICPC Act 2000.Bala Mohammed was remanded in Kuje Prison, Abuja, shortly after he pleaded not guilty to the charges read to him on May 10, 2017. He was thereafter granted bail in the sum of N500m on May 12, 2017.

Charge against Mohammed read in part:
“That you Bala A. Mohammed on October 24, 2016 in Abuja within the Judicial Division of the High Court of the Federal Capital Territory, in the course of filling Asset Declaration Form at Economic and Financial Crimes Commission did knowingly fail to make full disclosure of your property to wit: your property at No. 54 Mike Akhigbe Street, Jabi Abuja and thereby committed an offence contrary to Section 27(3)(a) of the Economic and Financial Crimes Commission (Establishment) Act 2004 and punishable under Section 37(3)(c) of the same Act.