Court orders interim forfeiture of 10 property of ex-Gov Yari to FG

. .As Industrial Court orders reinstatement of dismissed soldier

.Awards N500,000 in damages

 A Federal High Court, Abuja, on Wednesday, gave an interim order forfeiting 10 property of former Governor of Zamfara, Abdulaziz Yari, to the Federal Government.

Justice Obiora Egwuatu gave the order following an ex-parte motion moved by counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Osuobeni Akponimisingha.

Justice Egwuatu held that after carefully reading through the ICPC’s motion, exhibits attached and other processes, he was inclined to grant the order.

He said that the court was empowered to grant the application going by the relevant sections of the law and the money laundering act.

According to the judge, granting the application will not deny any one fair hearing.

Egwuatu, who granted the order directed that this should be published in the Nation and Daily Trust Newspapers and that interested party should file an application to show cause why the property should not be permanently forfeited to the Federal Government.

He adjourned the matter until April 28 to hear the motion for final forfeiture.

 The News Agency of Nigeria (NAN) reports that some of the property are located in the highbrow areas of Abuja, Maryland in the United States, Kaduna and Zamfara.

 Also in Abuja, the National Industrial Court has ordered the reinstatement of a dismissed soldier, Cpl.Tajudeen Ajala in the Nigerian Army and also awarded N500,000 in general damages.

The court set aside the dismissal order on Ajala.

Justice Isaac Essien while delivering judgment held that the commanding officer erred in law by imposing sentence of reduction in rank on the claimant.

The court further held that the dismissal of the claimant outside the purview of punishment stipulated in sections 57 and 104 of the Armed Forces Act was equally wrong.

From facts, the Nigerian Army had submitted that an investigation was conducted by the Military Police into the alleged misconduct Ajala committed.

The defendant also argued that a panel recommended that the claimant be charged with disobedience to standing order and assault.

The defence submitted that based on the recommendation of the panel, the Command summarily charged, tried and convicted Ajala on the two-count charge.

According to the Army, on Dec.11, 2017, it awarded the punishment of reduction in rank to Ajala for disobedience and dismissal on the offence of assault.

As part of its submission, the defendant argued that the summary trial and consequential dismissal of the claimant was in accordance with laid down legal procedures and extant law.

Defence concluded its argument by urging the court to dismiss the suit in its entirety.

In response, the claimant averred that the alleged offence on which he was tried cannot be done by summary trial.

He stated that the punishment did not attract dismissal from service.

He, therefore, urged the court to grant the reliefs he sought.

The court, however, on its part after evaluation of the submission of both parties, held that by the express specific provisions of the Armed Forces Act 2004, the offence which the claimant was charged for, that he ought to have been tried by a court-martial and not by summary trial.

The court also held that the trial of the claimant by summary trial was in violation of the Armed Forces Act.

The court also awarded the sum of N250, 000, as cost of action against the defendant.