Justice Joyce Abdulmalik of the Federal High Court in Abuja has issued a significant ruling, ordering the final forfeiture of NOK University and all related assets. This decision marks a major legal victory for the Economic and Financial Crimes Commission (EFCC). The court’s order includes not just the university itself but also various associated properties.
Among the assets forfeited are the Gwasmyen Water Factory, Gwasmyen Event Center, and Gwasmyen International Hotel, all located in Kaduna State. These properties were linked to the private tertiary institution and are now part of the forfeiture.
This achievement by the EFCC was officially announced on Friday, June 7, 2024, in the second-quarter edition of the anti-graft agency’s e-magazine, EFCC ALERT! The EFCC’s counsel, Ekele Iheanacho, played a crucial role in securing this outcome. Iheanacho noted that the court’s order was made in accordance with Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and Section 44(2) of the 1999 Constitution of Nigeria (as amended).
The case centered on Anthony Hassan, a former Director of Finance and Accounts (DFA) at the Federal Ministry of Health. The EFCC’s investigation uncovered that Hassan used funds obtained through illegal activities to establish NOK University. The evidence presented in court showed that the university’s assets, including buildings and facilities, were funded by proceeds from these unlawful activities.
The forfeited university assets include several significant structures. Among them are the Senate building, the ICT building, the Faculty of Medicine building, the Science Deanery building, two Academic buildings, a Faculty Hall, and other related structures. These buildings are all part of the NOK University complex and are now subject to the court’s final forfeiture order.
The EFCC’s investigation into these matters began as a result of credible intelligence about criminal activities. The agency looked into allegations of conspiracy, theft, abuse of office, and money laundering involving personnel from the Federal Ministry of Health. This investigation traced the assets back to Hassan, leading to the legal actions taken against him.
In her judgment, Justice Abdulmalik emphasized the importance of living within one’s means. She stated, “The Apex court has held that any person who lives above his means owes the society some explanations.” According to Justice Abdulmalik, the burden of proof lies with the accused to justify properties that are disproportionate to their known legitimate earnings. The law stipulates that forfeitures are based on the preponderance of evidence.
Justice Abdulmalik further remarked, “The respondent has failed woefully in tilting the scale of evidence in his favour.” She highlighted that oral evidence could not override or surpass documentary evidence. In legal terms, documentary evidence is considered more reliable and speaks for itself.
The ruling comes after an earlier interim forfeiture order that was granted on June 1, 2022. This interim order was a preliminary step in the process leading up to the final forfeiture decision. The court’s recent ruling solidifies the EFCC’s efforts and underscores the agency’s commitment to tackling corruption and ensuring accountability.
Overall, the final forfeiture of NOK University and its associated assets represents a significant development in the fight against corruption in Nigeria. It demonstrates the EFCC’s dedication to pursuing justice and holding individuals accountable for illegal activities that undermine public trust and resources.
