The Federal High Court in Abuja has set aside its earlier order directing the temporary forfeiture of $378,000 and a Mercedes Benz GLS 600 Maybach to the Federal Government.
Justice Emeka Nwite ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had concealed and suppressed material facts while obtaining the forfeiture order.
The court found that the ICPC failed to disclose an ongoing case in a sister court, where a directive was issued for all parties to maintain the status quo.
The judge emphasized that the law requires applicants seeking such orders to present all relevant information.
He stated that approaching the court without acknowledging the existing ruling from another court amounted to an abuse of judicial process.
“The applicant is naturally bound to respect the order of this court made on August 14, 2024,” Justice Nwite said.
He further noted that courts have the inherent power to reverse decisions made without jurisdiction or based on misrepresented facts.
As a result, the court lifted the forfeiture order and directed the ICPC to remove the restriction on the Zenith Bank account of Fides Et Ratio Academy Limited. Additionally, the court ordered the immediate release of the detained Mercedes Benz GLS 600 Maybach.
Justice Nwite had initially granted the forfeiture order on January 6 after ICPC’s counsel, Osuobeni Akponimisingha, filed an ex-parte motion.
The commission was also instructed to publish a notice allowing interested parties to contest the forfeiture.
The seized assets were linked to Paul Chukwuma, CEO of Fides Et Ratio Academy Limited.
The ICPC had alleged that the money and vehicle were proceeds of unlawful activities.
However, with the latest ruling, the restrictions have been lifted, and the assets must be returned.
