Legal Proceedings Over Alleged Bribery
A former Resident Electoral Commissioner (REC) of the Independent Electoral Commission (INEC), Nura Ali, has been involved in a legal case concerning the alleged receipt of cash gifts in dollars from two former governors. The Federal High Court in Abuja recently ordered the permanent forfeiture of $49,700, which was allegedly recovered from Mr. Ali during a search operation.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the State Security Service (SSS) jointly applied for the forfeiture, claiming that the money was proceeds of bribes received by Mr. Ali during his tenure as the REC for Sokoto State in the 2023 general elections. According to the agencies, Mr. Ali admitted to receiving $150,000 as a gift from former Sokoto State Governors Aminu Tambuwal and Aliyu Wamakko.
During the court proceedings, the judge, Emeka Nwite, ruled in favor of the ICPC’s motion for permanent forfeiture. The lawyer representing the ICPC, Osuobeni Akponimisingha, stated that the agencies had followed the court’s earlier order for temporary forfeiture. He also mentioned that no interested parties had shown up to contest the forfeiture.
Court Ruling and Legal Arguments
Judge Nwite delivered his ruling after reviewing the evidence presented by the ICPC. He found the application meritorious and granted the request for permanent forfeiture. The judge emphasized that the application was supported by affidavit evidence and the submissions made by the counsel.
The motion ex-parte, filed on behalf of the Federal Republic of Nigeria, sought several orders from the court. These included:
- Temporary forfeiture of the sum of $49,700
- A directive for the Federal Republic of Nigeria, through the ICPC and SSS, to conduct a preliminary investigation into Mr. Ali’s alleged unlawful activities within 90 days
- An order directing the applicant to deposit the funds in an escrow account with the Central Bank of Nigeria (CBN)
- A notice published in a national newspaper calling for any interested parties to show cause why the money should not be permanently forfeited
The applicant argued that the victim of the alleged crime was the Federal Government of Nigeria and its taxpayers, including judges across the country. They claimed that the money recovered during the search operation at Mr. Ali’s residence was bribe money, not legitimate earnings.
Evidence and Affidavits
An affidavit submitted by Iliya Markus, a litigation officer with the ICPC, provided further details about the case. It stated that the SSS received an intelligence report regarding Mr. Ali’s allegations of bribery during his official duties as the REC. The report led to a search warrant being executed at Mr. Ali’s residence in Kano, where $47,000 was recovered.
Mr. Markus also mentioned that Mr. Ali had made statements regarding the search and the recovery of the alleged $49,700. Additionally, he noted that Mr. Ali had written letters to the SSS requesting the release of the money, which were attached as exhibits.
The investigation is still ongoing, hence the need for the 90-day period for the preliminary investigation. The judge, Mr. Nwite, who ruled in favor of the application, acknowledged the merits of the case and granted the prayers.
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