A former Managing Director of the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL), Aliyu Abatti Abdulhameed has urged the Federal High Court sitting in Abuja not to grant a final order of forfeiture against a N1.5 billion linked to him and a consultant, Dr. Steve Olusegun Ogidan.
In February 2024, Justice Inyang Ekwo, in suit no: FHC/ABJ/CS/1686/2023, ordered the interim forfeiture of the money.
The judge directed interested parties to show cause within fourteen days why the final order of forfeiture of funds should not be made in favour of the Federal Government of Nigeria.
The EFCC maintained that the funds were proceeds of unlawful activity in contravention of the country’s Advanced Fee Fraud laws.
But in his affidavit to show cause seen by Nairametrics, Abdulhameed’s legal team denied any illegality between NIRSAL and Dr. Steve Olusegun Ogidan.
According to his legal team, in 2016, during his first term as Managing Director of NIRSAL PLC, Successory Nigeria Ltd, a company owned by Dr Steve Olusegun Ogidan submitted a proposal to NIRSAL for the design and implementation of Project Monitoring, Reporting and Remediation Offices (“PMROs”) to support NIRSAL in effectively covering the entire nation.
They added that the PMRO framework was designed to support NIRSAL effectively to track performance and to function as the last-mile organizational unit of NIRSAL by providing project-related services to support agricultural businesses.
They further explained that the consultant was engaged to carry out the project, contending that payments made to SNL under the PMRO Framework Agreement were negotiated, predetermined and approved by NIRSAL’s Board of Directors before disbursement.
“That the proposal was accepted by NIRSAL in 2016 and SNL was appointed as the National Coordinating Consultant for the PMROS
“SNL and NIRSAL signed the PMRO Framework Agreement in 2017 and following NIRSAL’s satisfaction with the execution of the project, the Framework Agreement was renewed in 2018, 2020, 2021 and 2022
“The contract was renewed on annual basis to satisfactory performance of SNL.
“All payments to the PMRO consultants comprise monthly contractual agreed payments for the salaries, etc, of over 600 extension staff serving farmers across the 36 states of the Federation, and the FCT. “
Abdulhameed insisted through lawyers that the money in dispute is the legitimate earnings of the consultant.
His lawyers stated on his behalf, “I know as a fact that the fund referred to in the application in respect of the contract between NIRSAL and SNL being sought to be forfeited to the Federal Government of Nigeria is the legitimate earning of SNL from the contract executed for NIRSAL. The funds are not proceeds of unlawful activity.
“That NIRSAL never complained about the service rendered through the contract by the National Coordinating Consultant and other PMRO consultants.”
Meanwhile, EFCC lawyer, Faruk Abdullah Esq has filed an application seeking final forfeiture of the money.
He insisted that the funds sought to be forfeited are reasonably suspected to be proceeds of unlawful activities.
“No reasonable cause has been shown why the funds subject of the order of interim forfeiture should not be finally forfeited to the Federal Government of Nigeria, ” he added in his application dated,16th day of April, 2024.
We reliably gathered that the court has fixed October 10, 2024, for mention of the case.
The Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL Plc.) is a non-bank financial institution wholly owned by the Central Bank of Nigeria (CBN).
It was established to redefine, assess, measure, reprice, and share agribusiness-related credit risks in Nigeria.
Former president Muhammadu Buhari had in 2022, removed Aliyu Abdulhameed from office, citing allegations of corruption.
The ex-NIRSAL boss is facing a separate alleged forgery case at the Federal High Court as instituted by the Nigeria Police.
It is now within the powers of the court to determine the merit of the case of the parties.
