Justice Deinde Isaac Dipeolu of a Lagos Federal High Court, has ordered final forfeiture of 25 cars that were stolen from Canada, to the federal government of Nigeria.
Justice Dipeolu ordered the final forfeiture of the cars, while granting a motion on notice filed and argued by the Economic and Financial Crimes Commission (EFCC) through its lawyer, Mr. R. A Abdulrasheed.
The cars and their Vehicle Identification Number (VIN) finally forfeited to the Federal government are: black colour SUV 400, 4JGDA5GB4JB171399; 4MATIC Mercedez Benz white colour, 5J8YD4H8XKL802910; SUV MDX SH-AWD Acura, JTJDZKCA7J2001379; grey colour SUV RS 350L Lexus, ZT2BZMCAIKC169393; Deep Blue SUV RX 350 Lexus, JTEBUS5JR2F524329; white colour Toyota 4Runner 2015, 2T2ZMDA4LC226597; White Colour 2020 model Lexus RX 350, 2TBZMCA5KC176315; White 2019 Lexus RX 350, 2T2JZMDA71C250961; Black 2020 Model Lexus RX350, 5FPYK3FIXHB506759; and Black Honda Ridgeline 2017 Model, 2T2BZMCA6J140258.
Others are: White Lexus RX 350 SPORT 2019 Model, 2T2HZMDA9LC217488; Grey Colour Lexus RX 350 2019 Model, JTBU5JROIJ5488955; Grey Colour Toyota 4Runner 2018 Model, 2T28ZMCAOKC187920; White Lexus RX 350 FS Sport 2019 Model, STDJZRFHXHS516516; White Toyota Highlander XLE AWD 2017 Model, 2T2BZMCAOKC187929; Black Toyota Highlander 2020 Model, STDJRFHZHS516516; Black Toyota Highlander 2018 Model, 5TDJ2RFOKS62467; Black Mercedez Benz G550 2019 Model, 5TDDZRFH9JS493877; Red Lexus Rx 350 2016 Model, 2T2BZMCA5GC007709,WDCYC6BJ5KX302861; Black Lexus Rx 350 2016 Model, 2T2BZMCA1GC038813, and White Mercedez Benz GLA 250 2018 Model, WDCTGB7JJ497934.
The judge had on May 27, 2024, ordered the interim forfeiture of the cars, while he also directed the EFCC to publish the order for any interested person to appear before the court and show cause why it should not be finally forfeited.
At the resumed hearing of the final forfeiture of the cars on Monday, the EFCC’s lawyer, Mr. Abdulrasheed told the court that his agency had complied with the court’s directives.
He also informed the court that final forfeiture orders sought by his employer was pursuant to Section 44(2)(B) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended); Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and under the court’s inherent jurisdiction.
He asked the court for the following orders: “an order of the Court forfeiting to the Federal Government of Nigeria all the properties mentioned in the attached schedules of this application, which properties are reasonably suspected to have been acquired through Stealing and with proceeds from other unlawful economic activities.
“An order of the Court empowering the Canadian Deputy High Commission in Nigeria or any other officer so designated by the office, to dispose off the forfeited properties mentioned in the attached schedules 1-2 of this application either by sale or return to the victims, subject to remittance of the statutory two percent from the proceeds to the EFCC Recovery Account.”
The EFCC lawyer also informed the court that the final forfeiture application was supported with 17 paragraphs affidavit and a written address.
Justice Dipeolu after listening to the EFCC lawyer submission, and read through all the processes filed before the court with the authorities cited, granted the prayers sought for and ordered final forfeiture of the 20 cars.
The EFCC in an affidavit support of the application deposed to by one of its investigators, Olufemi Olukini, states the followings: “Sometime in April, 2022, during an official meeting held at 7A Okoti-eboh Street, Ikoyi Lagos between officials of the Royal Canadian Mounted Police (RCM) and Lagos Zonal Command of EFCC officials passed a credible intelligence to the Commission which alleged:
“That over 350 vehicles which were comprehensively listed out on an excel sheet with their respective vehicle identification Number (VIN) were stolen from various locations in Canada and shipped to Nigeria.
“That these vehicles have been sold and/or being sold on an online website www.ii.com by some online vendors/agents while others are displayed for sale at various car stands across the country.
“The cars are listed in a comprehensive excel sheet alongside some pictures and information on them. And that some of these vehicles are intercepted at the point of entry into Nigeria at Tincan Island port, Lagos
“That our team commenced preliminary investigation into the case by identifying the Vehicle Identification Number (VIN) of each of the said stolen vehicle and subjecting them to analysis using Open Source Intelligence (OSINT).
“That preliminary results from the analysis revealed the vehicles were largely located across Lagos State metropolis particularly Lekki at different Car stands and places and the Nigerian ports pending clearance into the country. And that surveillance was thereafter carried out on the identified locations followed by sting operations which led to the physical location and identification of these vehicles.
“That about 40 of the stolen vehicles were initially located by the intelligence team who thereafter brought a similar application in suit no. FHC/L/CS/2051/2023 between Economic and Financial Crimes Commission V. WILMON AUTOS NIGERIA LIMITED & 177 ORS wherein a final forfeiture order was granted by Honourable Justice D. I. Dipeolu on 6 March, 2024.
“That soon after the above order was granted, the intelligence team further located the vehicles listed in schedule 1 and 2 of this application which necessitated this present suite.
“That the 13th to 20th respondents described in schedule 1 and 2 attached to this application were recovered as part of the stolen vehicles and shipped to Nigeria. And that the VIN of the vehicles corresponds with those of the stolen vehicles contained in the intelligence received from RCMP and no person has come forward to claim ownership of these vehicles.
“Investigation carried out revealed that the motor vehicles described aforesaid were stolen from Canada and shipped to Nigeria between the March and June, 2022. And that most of these vehicles were insured and the insurance companies involved had indemnified the respective owners of the vehicles.
“That the insurance companies now stands in the position of the owners and delegated their interests to the Royal Canadian Mounted Police liaison officer with the Canadian Embassy in Nigeria to pursue their interests.
“That based on the facts stated on paragraphs 1-13 above, this Honourable Court on 27th May, 2024 granted an application for interim forfeiture and Order the Publication of the order.
“That in compliance with the Order of this Honourable Court, Applicant on 13th June, 2023 published the Order in The Punch newspaper, at page 26. Attached herewith and marked as EXHIBIT EFCC 1 is the copy of the publication.
“That since the Order has been published, no person, body corporate or financial institution has come up to show cause why the properties listed in schedule 1-2 should not be forfeited to the Federal Government of Nigeria.”
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