By Francesca Hangeior
A Federal High Court in Abuja has ordered a final forfeiture of a multi-million naira hotel, Sunflower Hotel Ltd, in Kaduna State, linked to Prof. Vincent Tenebe, a former Vice Chancellor of the National Open University of Nigeria, to the Federal Government.
Justice Inyang Ekwo gave the order following a motion on notice for the final forfeiture of the property moved by F.O. Dibang, counsel to the Economic and Financial Crimes Commission.
“Order is hereby made forfeiting property set out in the scheduled attached herein found in the possession of the respondent as properties reasonably suspected to be proceeds of unlawful activities to the Federal Republic of Nigeria,” Justice Ekwo ordered.
The News Agency of Nigeria (NAN) reports that the order, made on Oct. 22, was sighted on Monday in Abuja.
While the EFCC was the applicant in the motion on notice, marked: FHC/ABJ/CS/33/2024, Sunflower Hotel Ltd was the sole respondent.
The motion was dated and filed on June 21.
Court orders final forfeiture of multi-million naira hotel allegedly linked to NOUN’s ex-VC
It could be recalled that Justice Ekwo had, on Feb. 16, granted the anti-graft agency’s application for the preservation of the hotel.
The judge also directed the EFCC to publish the order, within 14 days, in any national newspaper and on its website or by any other means of publication.
He said this was to enable all persons or bodies who might have interest in the property known as Sunflower Hotel located in Kaduna to claim ownership of the property and to show cause why the property should not be forfeited to the Federal Government.
The case was then adjourned until March 5 for a report.
Meanwhile, in the affidavit in support of the motion on notice dated and filed on June 21, Dare Opeyemi, the operative in the Economic Governance Section of EFCC, said he had the consent of the commission’s chairman to depose to the affidavit.
Opeyemi said sometime in December 2022, the commission received “intelligence report alleging the offence of conspiracy and stealing, diversion of public funds and criminal breach of trust involving one Monday Oyeme, erstwhile Chairman, Delta State Board of Internal Revenue and a former Bursar of NOUN, and one Adamu Danlami, the owner of Crossbill International Limited, who are all ( at large)”
He said the investigation, which had been concluded, revealed that Onyeme, while he was the Bursar of NOUN, conspired with other staff to divert public funds into companies where he had subsisting interest.
He said that investigations further revealed that Crossbill International Limited owned by Danladi received a huge portion of the illicit funds fraudulently diverted from the institution’s account by Mr Onyeme.
Opeyemi averred that investigation revealed also that Crossbill International Limited, from the illicit funds diverted from NOUN account, made payments to other entities known as Wanone Investment Limited , Tanadi Limited , Namutane Foundation and SUNFLOWER Hotel Limited.
To prove its case, EFCC annexed a copy of the account statements of Blacksnow Ltd, Eno Global Services Nigeria Ltd and Crossbill International Ltd showing transfers and withdrawals made as exhibits.
According to the official, it was also discovered during the course of investigation that all the entities mentioned in paragraph seven of this affidavit are linked to a former Vice Chancellor of the National open University of Nigeria, Professor Vincent Ado Tenebe.
“Investigations revealed that the sum of Two Hundred and Seventy Five Million, Eighty One Thousand Eight Hundred and Ninety Six Naira Ninety Kobo (N=275,081,896.09) traced to the Professor Vincent Ado Tenebe’s account was used in building the hotel know as Sunflower Hotel Limited located at Sunflower Crescent, Unguwan Maigero Road, Narayi, Kaduna State.
“That Sunflower Hotel Limited was originally an uncompleted building purchased by Professor Vincent Ado Tenebe from one Yakubu Mamman Akhagbeme, a brother in-law to the said Professor Vincent Ado Tenebe.
“A copy of the statement by Mr Yakubu Mamman is hereby annexed and marked as Exhibit EFFC 3.
“That the sum of N275, 01,896.90 presumed to be diverted from the account of National Open University by Professor Vincent Ado Tenebe was used to fund the renovation and completion of Sunflower Hotel limited, the subject of this application.
“That the applicant reasonably believes that the property mentioned in the schedule to this application is a proceeds of crime i.e diversion of public funds belonging to NOUN.
“That in the course of investigation, it was further revealed that Professor Tenebe is neither a director or shareholders of Sunflower hotel Ltd but he purchased the Hotel from his brother in-law Yakubu Mamman Akhagbeme from the proceeds of crime.
“That investigation further revealed that the company has Rabi Ado Tenebe, Mamman Yakubu Akhagbeme, Mohammed Angulu Yakubu , Amashigi Rabi Mustapha, Dickson Akhagbeme Onomoso and Abrahim Ado Tenebe as directors of the company.
“That in the course of investigation, the team had implored all efforts to reach the suspects mentioned in the above preceding paragraph, but all efforts made proved abortive,” he said.
Opeyemi said their investigations revealed that none of the directors of the company, as shown from the Corporate Affairs Commission (CAC)’s documents, was the owner of the Sunflower Hotel Limited.
He said that after it obtained the interim order on Feb. 16, the commission complied with the order by publishing the notice of interim order on the EFCC’s website and the Leadership Newspaper of March 5.
The official said the anti-corruption agency also filed an affidavit of compliance with respect to the Feb. 16 order.
He, however, averred that no person, body, corporate or any financial institution had raised any objection so far as far as the period of the publication had lapsed.
“It is imperative to obtain the final order of this honourable court.
“it (the property) is presumed to be owned by unknown persons, abandoned or unclaimed and in the interest of justice forfeit to the Federal Republic of Nigeria, being a proceeds of crime.
“That this case is of very urgent public interest and concern, that the proceeds and instrumentality of crime in this case be finally forfeited to the Federal Government of Nigeria, and shall be released to the victim, National Open University, in due course.”
The investigator said it would be in the interest of justice that a final forfeiture was granted to enable the commission to take full legal control and management of the assets on behalf and to the benefit of the Federal Government.