Matilda Omonaiye/
A Federal High Court in Lagos has ordered the final forfeiture of 36 exotic cars in Nigeria allegedly stolen from Canada.
Justice Deinde Isaac Dipeolu, who presided over the court, made the final forfeiture order while granting an application filed and argued by a lawyer to the Economic and Financial Crimes Commission (EFCC), Mr. A. B. Abdul Rasheed.
The forfeited cars include the 2017 Model Toyota Rav, Ash colour; the 2019 Toyota Tacoma 2019 Model, silver colour; the 2019 Lexus RX 350 Grey Colour, Lexus RX350 Black Colour; the 2019 Model 5 FORD FI50 Black Colour; the 2018 Model Honda CRV black colour; 2020 Toyota Tacoma black colour; Dodge Black Colour; Land Rover and 2020 Lexus RX 350 SUV.
Also mentioned are 2016 Toyota 4Runner, black colour; Range Rover, Maroon black; black Lexus 460 Saloon; grey Ford F150 2018 Model; 2019 Lexus RX 350, Gold colour; white 2020 Lexus RX 350; grey 2021 Lexus RX 350 Sport; red Honda Civic Touring; grey Honda Pilot SUV; 2020 Range Rover SUV, grey colour; Toyota 4Runner SUV, Ash Colour; grey Toyota Highlander and a black 2018 Toyota Tacoma.
Others include a white Toyota 4Runner; Lexus RX 350 Jeep, white colour; Lexus RX 350 Jeep White colour; 2016 Toyota 4runner, ash Colour; a 2019 Toyota Tacoma, gray Colour; 2017 Lexus RX 350 Jeep, white Colour; 2018 Toyota Highlander Jeep black colour; 2018 Honda CRV, Ash Colour; 2006 Toyota Yaris, black colour; 2008 Honda Accord, black colour; 2005 Toyota Camry, Gold colour and a black 2016 Toyota Corolla.
Also listed are three unclaimed vehicles – a grey Acura MDX Saloon Car; a black 2018 FORD FISO, and a white Ford Model F150, Pickup Ass.
Listed as respondents in the suit marked FHC/L/CS/2051/2023 are: Wilmon Autos Nigeria Limited, Ikeoyi Enterprises, Ichie Autos, Bounce Autos, Assured Motors, Emeko Auto, CNC Auto, Green Hill Auto, First Core Auto, Samuel Motors, Unique Motors, Nice and Rich Auto, Overall Properties, GIDI Auto, and Chris Jane Auto Nigeria Limited.
The cars were recovered at Lekki-Ajah, Ojodu-Berger, Ikeja, Festac Town, Magodo, and Ikota-Lekki auto shops.
On November 29, 2023, the court made an order for the interim forfeiture of the cars, after listening to the EFCC lawyer, who moved the application for such order.
Upon granting the interim forfeiture of the cars, the court ordered the EFCC to advertise the orders in a national newspaper, for any interested persons or parties to appear before the court, and show cause, why the cars should not finally be forfeited.
The EFCC lawyer, Abdulrasheed, however, on Wednesday, informed the court of the agency’s motion on notice for final forfeiture of the cars.
Abdulrasheed informed the court that the motion was under sections 44(2)(b) of the Constitution of the Federal Republic Nigeria 1999 (as Amended) Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and the court’s inherent jurisdiction.
He further informed the court that the order of the court made on November 30, 2023, had been complied with, by advertising the interim forfeiture order on page 19, of the January 30, 2024, edition of The Punch newspaper, and that no person or party has filed any counter to the forfeiture.
He urged the court to grant his agency’s request by ordering the final forfeiture of the cars.
Justice Dipeolu, after listening to the EFCC lawyer, perused through the processes, and cited a plethora of authorities, acceded to the request of the anti-graft agency and ordered final forfeiture of the 36 cars.
The EFCC filed an affidavit in support of the motion deposed to by one of its investigators, Olufemi Olukini.
Parts of the deposition say: “Sometime in April 2022, during an official meeting held at 7A Okoti-Eboh Street, Ikoyi, Lagos, between officials of the Royal Canadian Mounted Police (RCMP) and EFCC officials, RCMP officials passed 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 Canada and shipped to Nigeria.
“That, these vehicles have been sold and, or are being sold on an online website www.jiji.com by some online vendors/agents while others are displayed for sale at various car stands across the country.
“…our team commenced preliminary investigation into the case by identifying the Vehicle Identification Number (VIN) of each of the said stolen vehicles and subjecting them to analysis using open-source intelligence (OSINT). And that preliminary results from the analysis revealed the vehicles were largely located across Lagos State metropolis particularly Lekki at different Car stands and places.
“Surveillance was, thereafter, carried out on the identified locations followed by sting operations which led to the recovery of the vehicles.
“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.
“Investigations revealed that a substantial number of the motor vehicles were stolen from Canada and shipped to Nigeria between 2019-2021.
“That the cars were parked in residential driveways and company car lots in Canada from where they were stolen. And that various Canadian Insurance Companies which insured the vehicles indemnified the car owners and are pursuing criminal complaints lodged in Canada with the RCMP Liaison Officer attached to the Canadian Deputy High Commission, Nigeria concerning the theft of the vehicles.
“That, based on the facts stated in paragraphs, the applicant filed an application dated 13th October 2023 for interim forfeiture of properties to the Federal Government of Nigeria which this Honourable Court duly granted on 29th November 2023. This Honourable Court ordered for publication of the said order in The Punch Newspaper and the Commission’s website for any interested party to show cause why the property should not be forfeited to the Federal Government of Nigeria.
“That in compliance with the order of the Court, Applicant on the 30th of January, 2024 made publication on page 19 of The Punch newspaper and the Commission’s website. Since then, no person, body corporate or financial institution has come forward to show cause why the property should not be forfeited to the Federal Government of Nigeria.
“That applicant has now filed this Application for the final forfeiture of the Assets to the Federal Government of Nigeria.
“That it is expedient and in the best interest of justice to grant this application, and that the respondents will not be prejudiced by the grant of this application.”
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