The Federal High Court sitting in Lagos on Monday declined an application seeking the final forfeiture of two properties belonging to a former Senate President Bukola Saraki.
Justice Mohammed Liman held that the Economic and Financial Crimes Commission (EFCC) provided insufficient and conflicting affidavit evidence in support of its prayer.
The judge further held that the EFCC’s documents did not establish any link that Kwara State government’s funds were used to repay Saraki’s loan.
Justice Liman noted, however, that the commission made “a strong showing of strange transactions” through Saraki’s statement of bank account exhibited in court.
The judge said the anti-graft agency needed to call witnesses to prove that the funds were proceeds of fraud.
He directed the commission to call its witnesses at the next adjourned date, to give oral evidence to resolve the matter.
Saraki’s lawyer would also be permitted to cross-examine the witnesses.
Earlier, the judge had dismissed Saraki’s preliminary objection that the fresh suit was an abuse of court processes on the grounds that it contained the same facts on which he was prosecuted before the Code of Conduct Tribunal (CCT) and was discharged and acquitted up to the Supreme Court.
Justice Liman adjourned till September 29 for the EFCC to bring more evidence.
In the suit, the EFCC asked the court to order the final forfeiture to the Federal Government Saraki’s properties at 17 & * 17A, McDonald Road in the Ikoyi area of Lagos.
The anti-graft agency claimed that the houses were acquired with funds allegedly diverted by Saraki from the coffers of Kwara State while he was governor.