A Federal High Court in Abuja has ordered the final forfeiture of two properties linked to Aminu Garunbaba, an employee of the Federal Inland Revenue Service (FIRS), to the federal government.
The ruling was delivered on Thursday by Justice Obiora Egwuatu, who found that Mr Garunbaba failed to prove the legitimacy of the funds used to acquire the assets.
The properties in question include a four-bedroom terrace maisonette with a boys’ quarters located at Barumark Groove Estate, Plot 667, Cadastral Zone BO3, Wuye District, Abuja, purchased under the name MYZ Venture. The second property is situated at No. 5 Lodge Road, Kano.
Justice Egwuatu ruled that Mr Garunbaba did not present documentation showing how the properties were acquired or that the funds used were from lawful sources, stating that individuals cannot benefit from acts deemed illegitimate.
The judge also dismissed Mr Garunbaba’s preliminary objection, which challenged the admissibility of evidence provided by the Economic and Financial Crimes Commission (EFCC), and upheld the EFCC’s argument that public officers can be prosecuted before any administrative disciplinary action is taken.
The EFCC, represented by counsel Martha Babatunde, brought the motion under the suit marked FHC/ABJ/CS/876/2021.
The commission requested the court to permanently forfeit the properties, which were suspected to be proceeds of unlawful activities, based on the powers granted under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The EFCC had previously obtained an interim forfeiture order, which was published in two national newspapers. With no convincing counterarguments from the respondent, the court granted the final forfeiture.
An affidavit filed by EFCC operative Apagu Wudah detailed the findings of the investigation, which uncovered a scheme in which Mr Garunbaba and several FIRS colleagues allegedly siphoned millions of naira between 2017 and 2018.
The funds were obtained under the pretense of duty tour allowances (DTA) for trips that never occurred.
Staff involved in the scheme allegedly kept a portion of the funds and passed the rest to senior officials, including a former director of finance and a coordinating director.
According to Mr Wudah, Mr Garunbaba confessed in a statement made in the presence of his legal counsel that a total of N269,335,750 was distributed among top officials, including N145 million to Peter Hena, N95 million to Bello Auta, and N29.3 million to Aminu Sidi.
He stated that the cash was handed over at the FIRS office, and that some of the money was received via his Stanbic IBTC Bank account, while the rest was collected in cash.
Mr Garunbaba also reportedly converted some of the funds into U.S. dollars through a bureau de change operated by one Wan Jafar Shehu.
In 2018, he purchased the Abuja property from Barumark Investment and Development Company Ltd for N65 million, using funds transferred from his First Bank account.
The Kano property was acquired for N39 million from Alakhillau Enterprises, operated by Adamu Muhammed.
The EFCC concluded that the properties were bought during the period when Mr Garunbaba was receiving and diverting the fraudulent DTA payments, and not through legitimate earnings as a public servant.
