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Asset forfeiture: Galaxy accuses EFCC of foul play

Galaxy Construction and Transportation Services Limited has accused the Economic and Financial Crime Commission (EFCC) of abuaing court processes to confiscate its property.

The company made the allegation on Friday in a statement while reacting to
Wednesday’s Federal High Court in Abuja that granted the commission’s prayer for a final forfeiture of the Galazy’s several assets.

The statement, signed by the company’s Executive Chairman, Engr. Babagana Abba Dalori, noted that the assets included N335 million cash, a hospital and five filling stations.

The company explained that the order which was granted by the court in August last year, but it directed the commission to abide by certain procedures, including the publication of the assets in national dailies.

It observed that having complied with the court’s directives, the final forfeiture order was lately published by some media outlets.

The company however described the forfeiture order as ”illegal because the initial interim forfeiture order previously obtained by the EFCC in respect of the affected properties was set aside by a competent court of coordinate jurisdiction, following a valid and uncontested application filed by the undersigned.”

The company claimed that following the Counter-Order, the said properties were sold to settle investment interests.

“Following the setting aside of that order, the properties were lawfully disposed of, in good faith, and used to settle verified debts, well before any second suit was filed by the EFCC.

“At the time of the sale, there was no subsisting legal encumbrance on the said properties. Thus, there was no legal basis for describing them as proceeds of crime in any later proceedings,” the statement read in part.

It explained that Fadila Yusuf, EFCC’s lawyer handling the case, was fully aware of the development, while calling on the commission’s leadership to investigate the matter.

“Shockingly, the same legal officer from the EFCC who participated in the first case and was fully aware of the ruling that set aside the Interim Order went ahead to file a motion to set aside that judgment but abandoned it midway, and rather than pursuing the matter in the same court, initiated a fresh exparte application in a different court. This is a classic case of forum shopping, which is an abuse of court process.

“Worse still, in the new court, she failed to disclose the existence of the first case and the ruling that vacated the earlier Interim Order, thereby misleading the honourable court into granting a final forfeiture order over properties that had already been lawfully transferred to innocent buyers,” the statement further read.

The company therefore called on the general public and all concerned parties to remain calm and await the outcome of the ongoing legal process that the truth will ultimately prevail.

The affected properties included:
Duplex No. Bo/12340, Maiduguri, Borno State; Residential apartments Plot No. 12, Equilibrium Estate; No. 7, Cadastral Zone DO2, Karsana District, Abuja; and Plot No. 12 of 820.99 square meters.

Others are Plot of land (Plot No. 3, Dakibiyu District, Cadastral Zone B10, Abuja, FCT; Plot of land (Plot No. 136 on 600sqm, B TP/177, Ibrahim Taiwo Estate, Maiduguri, Borno State.

In addition, Plot of land No. NS 11416, measuring 100x50sqm, Ado Karu LGA, Nasarawa State; Farmland (50 hectares, Plot No. FL-867, Gaube Farmland Ext 11 Layout; 4.8 hectares of land (Plot measuring about 4.8 hectares along Mal Oke State Primary School, Dakwa town area, Tafa LGA, Niger.

It also listed Plots of land (Plot No. NE/2111, No. 10/12 Mungono Street, Wulari, Maiduguri, Borno State; consisting of 1,749.17sqm marked with beacons B.4605, B.4604, B.6532, and B.6531; Plots of land (Plot Nos. YB/9516, PBY/719, PBY/7140, PBY/7141, and PBY/7142); Galaxy Hospital (Plot No. Bo/12340, Bolori Layout, Maiduguri, Borno State); private residence (Plot No. 13426, measuring approximately 155/mz, Mararaba Gurku, Karu LGA.

Others are a filling station (Chabbal Village, Borno State); Petroleum filling station (Km 33-650m along Kaduna-Zaria Express Road, Kaduna State;
Petroleum filling station (Mogaramti along Maiduguri-Kano Road, Borno State; Petroleum filling station (Chabal Village, Konduga Local Government, Borno State; Petroleum filling station (99, Sir Kashim Ibrahim Road, Maiduguri, Borno State); and Four-bedroom terrace duplex (No. 36-04, Build Options Apartment Phase 36, Plot 1244, Guzape District, Abuja, FCT); and 10 hectares of land (Proposed filling station, Baga-Maimalari Barrack Road, Maiduguri, Borno State.

Besides, Bank Accounts and Balances for under listed entities were also attached for Final Forfeiture (Schedule 2).

Galaxy Transportation and Communication Service Ltd (N281,455,454);
Galaxy Computing and Electronics Service Ltd (N6,977,195.00);
Galaxy Energy Int’l Concept Ltd (N1,240,588);
Galaxy Transport & Construct Service (Zero balance); and Galaxy Intercontinental Miners Concept Ltd (Zero balance).

Similarly, Galaxy Superstores & Pharmacy (Zero balance); Galaxy Transportation & Construction S. (N43,705,469.55); Abba Babagana Dalori (Zero balance; and Galaxy Transportation & Construction (Zero balance) are also affected.

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