*Seeks Order for Stay of Execution of forfeiture of assets.


Dissatisfied with a judgment delivered by a trial Federal High Court 7 Abuja, which said that a privately funded tertiary institution NOK University Kachia be forfeited to the Federal Government, KYC Inter-projects Nigeria Limited has approached the Appeal Court to overturn the judgment.


In the appeal sighted by our correspondence and filed by the Appellant through its counsel, Sir Ben Churchill Aniekwena Esq. of Ben Churchill Aniekwena & Co.(Juris Consults), against the Judgment of Honourable Justice Joyce O. Abdulmalik, delivered on Friday June 7, 2024 in Suit No. FHC/ABJ/CS/688/2022, is being appealed upon the grounds that the learned judge erred in his judgment.



"The Learned trial Judge erred in Law when it entertained and granted the Reliefs sought by the Respondent in an Application predicated on Civil Suit No. FHC/ABJ/CS/688/2022 for interim and final Forfeiture Orders under SECTION 17 OF THE ADVANCED FEE FRAUD AND OTHER RELATED OFFENCES ACT 2006 and SECTION 44(2) OF THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) without (any) form or formal Charge of Offence(s) whatsoever instituted or filed on the Matter," the counsel said.



KYC Inter-projects Nigeria Limited explained through its counsel Sir Ben Churchill that, "the Appellant is a company incorporated under the Company and Allied Matters Act 2020 entered a Relationship/Joint Venture Agreement with the 1st Respondent in the trial Suit and had invested its funds, machineries and heavy duty equipment and properties in developing NOK UNIVERSITY INCLUSIVE OF THE LAND, NOK UNIVERSITY SENATE BUILDING, NOK UNIVERSITY ICT BUILDING, NOK UNIVERSITY FACULTY OF MEDICAL SCIENCE DEANERY BUILDING, TWO NOK ACADEMIC BUILDINGS, FACULTY HALL AND ALL BUILDINGS THEREOF LOCATED IN KACHIA KADUNA STATE as listed in SCHEDULE 1 annexed to the said Ex-parte Originating Motion of the Applicant, which consequently suffered the final Forfeiture Order to the Federal Government as resolved by the learned trial Judge.



"The Appellant and the 1st Respondent through their then Counsel Dr. Umar Dukku Esq. in the trial Suit jointly filed a Motion on Notice to show good cause in opposition to the final Forfeiture Order as sought by the Applicant with the Appellant majorly seeking relief by interpleading her interests and/or investments in the said NOK UNIVERSITY and all its appurtenances, as listed above and as contained in said SCHEDULE 1.



"The Appellant is not the 1st Respondent (Anthony Hassan) in the trial Suit or any of his Privies or Staff of the Federal Ministry of Health suspected to be in conversion of the Funds received either directly from the Ministry of Health," KYC Inter-projects Nigeria Limited said.

Sir Aniekwena contested that the learned trial Judge erred in Law when he entertained an Application boarding on forfeiture Order over offences as canvassed by the EFCC under the Penal Code Law, Corrupt Practices and Other Related Offences Act 2000, Money Laundering (Prohibition) Act 2011 (As Amended), and the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and wrongly applied the evidential Standard of Proof required in Civil cases on preponderance of Evidence as against Standard of Proof beyond reasonable doubt applicable to Criminal cases as well as Offences provided under the above said enactments or in cases where the commission of a Crime is directly in issue as in a proceedings be it Civil or Criminal.



Learned counsel, Sir Churchill under the grounds of appeal, also added that "the Learned trial Judge erred in Law and fact, when he failed to properly evaluate the Evidence before it in arriving at his decision."



The counsel argued further that the Learned trial Judge erred in Law when he proceeded to entertain, the Applicant/Respondent Application tagged, “EX-PARTE ORIGINATING MOTION” dated and filed 18th and 19th May 2022 respectively, when no such Form for Commencement of Action is provided under the Rules of Court and/or procedure for Administration of Criminal Justice.



KYC is therefore, seeking four reliefs sought from the Court of Appeal

(a) AN ORDER allowing the appeal by the Court of Appeal on the grounds set out above

(b) AN ORDER setting aside the Rulings/Decisions of the Lower Court delivered on 1st June 2022 and on 7th June, 2024 for the interim and Final Forfeiture Orders respectively made by the Lower in Suit No. FHC/ABJ/CS/688/2024.

(c) AN ORDER dismissing the entire Suit and/or granting the Appellant Leave to interplead by remitting the Suit to another Court for the Re-hearing.

or in the alternative,

AN ORDER allowing the Appellant to refund to the Federal Government of Nigeria in the Sum of Two Billion, Two Hundred Million Naira (N2,200,000,000.00) or any part of the sum thereof evaluated and as allegedly held by the Respondent (Economic and Financial Crimes Commission) to be reasonably suspected proceeds of unlawful activities or funds converted either directly by the 1st Respondent (Anthony Hassan) from the Ministry of Health or from his colleagues by virtue of the offices the Officers occupied.



Meanwhile, the counsel to KYC has also filed an Application in seeking an order for the Unconditional Stay of Execution of the Judgment/Decision of the Federal High Court of Justice Abuja Judicial Division (COURT 7), delivered by his Lordship Honourable Justice Joyce O. Abdulmalik on Friday the 7th day of June 2024, pending the hearing and determination of the Appeal filed by the Applicant/Appellant at the Court of Appeal, Abuja Division.



"AN ORDER OF THIS HONOURABLE COURT: Restraining the Judgment Creditor/Respondent from disposing off or releasing any part of the asset or property in NOK UNIVERSITY ordered to be forfeited to the Federal Government of Nigeria.



"AND SUCH FURTHER OR OTHER ORDERS as the Honourable Court may deem fit and proper to make in the circumstances of this suit."