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The Supreme Court on Friday dismissed an appeal in which Mohammed Abacha, son of the late Head of State, Gen. Sani Abacha, sought to stop the Federal Government from trying him for allegedly receiving and concealing stolen funds.
The apex court ordered him to return to a Federal Capital Territory High Court, where the charges against him were filed, and take his plea.
The Federal Government had filed criminal charges containing 123 counts against Mohammed after stolen funds were traced to the family of the late military dictator.
The charges bordered on conspiracy, receiving and concealing stolen property, in breach of provisions of the penal code.
However, even before taking his plea, Mohammed filed an appeal to challenge the Federal Government’s decision to try him.
The Court of Appeal dismissed the appeal, after which Mohammed headed for the Supreme Court.
He argued that according to the guidelines set out for the forfeiture of assets in Decree 53 of 1999, it would be unlawful to prosecute him, since the stolen money had been returned to the Federal Government.
However, in a unanimous decision, a panel of justices of the Supreme Court on Friday dismissed Mohammed’s appeal, clearing the way for the Federal Government to try him.
Justice Olukayode Ariwoola held that the suspect should return to the FCT High Court to take his plea.
One of the arguments advanced by Mohammed in the appeal was the his father enjoyed immunity while in office, but the court held that, if the late Abacha were to be alive today, he would be liable for prosecution, as his immunity expired when he left office.
In his judgment, Justice Suleiman Galadima held that Decree 53 clearly stated that the stolen funds in question, which were acquired through corruption, are to be forfeited to the Federal Government and persons in possession of the funds only had to yield up possession within 14 days or be liable to two years imprisonment for default or refusal.
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The apex court ordered him to return to a Federal Capital Territory High Court, where the charges against him were filed, and take his plea.
The Federal Government had filed criminal charges containing 123 counts against Mohammed after stolen funds were traced to the family of the late military dictator.
The charges bordered on conspiracy, receiving and concealing stolen property, in breach of provisions of the penal code.
However, even before taking his plea, Mohammed filed an appeal to challenge the Federal Government’s decision to try him.
The Court of Appeal dismissed the appeal, after which Mohammed headed for the Supreme Court.
He argued that according to the guidelines set out for the forfeiture of assets in Decree 53 of 1999, it would be unlawful to prosecute him, since the stolen money had been returned to the Federal Government.
However, in a unanimous decision, a panel of justices of the Supreme Court on Friday dismissed Mohammed’s appeal, clearing the way for the Federal Government to try him.
Justice Olukayode Ariwoola held that the suspect should return to the FCT High Court to take his plea.
One of the arguments advanced by Mohammed in the appeal was the his father enjoyed immunity while in office, but the court held that, if the late Abacha were to be alive today, he would be liable for prosecution, as his immunity expired when he left office.
In his judgment, Justice Suleiman Galadima held that Decree 53 clearly stated that the stolen funds in question, which were acquired through corruption, are to be forfeited to the Federal Government and persons in possession of the funds only had to yield up possession within 14 days or be liable to two years imprisonment for default or refusal.
Punchng
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