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The Federal High Court, Abuja, has dismissed a swimsuit filed by the federal authorities in search of everlasting forfeiture of accounts not linked to Bank Verification Number (BVN).
Justice Nnamdi Dimgba dismissed the movement on discover in search of everlasting forfeiture of accounts with out BVN in a judgment he delivered on Friday.
Justice Dimgba stated the movement was dismissed on the grounds that the federal authorities didn't present verifiable proof that it had urged the banks to adjust to the courtroom order.
The courtroom additionally held that there was no proof to show the federal government’s declare that funds within the account had been acquired by way of proceeds of crime.
The courtroom additional insisted that the evidential burden of proof lied on the federal government.
The decide famous that the circumstances spelt out within the related sections of the Advance Fee Fraud Act as they associated to the accounts weren't met to warrant an order of everlasting forfeiture.
He noticed that there was no publication of the accounts not linked to BVNs in a number of the nationwide dailies simply as there was no proof to point out non compliance by the banks.
The courtroom additionally held that the plaintiff didn't take any steps to implement the modified order as there was no proof to point out that it had filed contempt continuing towards the defendants.
Dimgba, nevertheless, stated the order of Oct.17, 2017 that was modified nonetheless subsisted and that the plaintiff nonetheless had the best to make sure its compliance.
Earlier, the courtroom described the objection raised by the defendants that the AGF lacked locus standi to file the swimsuit on behalf of the EFCC as missing in advantage.
The courtroom held that if the AGF may very well be sued in civil litigation, nothing constitutionally prohibited the workplace from suing on behalf of any federal authorities company.
The decide had on Oct. 17, 2017 ordered 19 industrial banks within the nation to, amongst different directives, freeze and disclose accounts and funds with out BVN.