A Federal High Court in Abuja has ruled for the temporary forfeiture of $378,000 and a Mercedes Benz GLS 600 Maybach to the Federal Government. Justice Emeka Nwite granted the order following a motion filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The court has also directed the ICPC to publish a notice in a national newspaper, allowing any interested party to show cause why the funds and vehicle should not be permanently forfeited to the government. The judge adjourned the matter until February 20, 2025, for a report on compliance.
The $378,000 and the vehicle are allegedly linked to Paul Chukwuma, the Managing Director and CEO of Fides Et Ratio Academy Limited, and are said to be proceeds of unlawful activities.
In the ex-parte motion, filed by ICPC Chairman Dr Musa Aliyu, Chukwuma, Prof Dr Klaus Stierstorfer, and Fides Et Ratio Academy were named as defendants.
The ICPC sought the temporary forfeiture of the $378,000, which had been restricted in a Zenith Bank account belonging to Fides Et Ratio Academy, and the Maybach GLS 600 vehicle. The commission also requested the court to establish an escrow account with the Central Bank of Nigeria (CBN) for the funds.
In the motion, Aliyu argued that the victims of the alleged crime were Nigerian citizens, particularly students, who suffer from the unlawful activities. He stressed that the forfeiture was in the interest of justice, as the funds and vehicle would be better utilised for the benefit of the public.
The case revolves around an alleged fraudulent transaction between Tertiary Education Trust Fund (TETFund) and Fides Et Ratio Academy Limited, where the academy was paid for services not rendered. The investigation revealed that the academy received funds for ICT training programmes for tertiary institutions, but evidence suggested that the services were not properly executed.
It was further alleged that Chukwuma used part of the funds to purchase the luxury Maybach GLS 600 vehicles for the academy, with deposits made to Globe Motors Holdings Nig. Ltd in 2023. Chukwuma claimed that the vehicles were purchased for the academy following discussions with an international partner, Prof. Dr. Klaus Stierstorfer, though investigators have been unable to locate Stierstorfer for further clarification.
Idris Abubakar, a litigation officer, Legal Services Department, ICPC, in the affidavit he deposed to, said the commission received a petition alleging that the Tertiary Education Trust Fund (TETFund) allegedly made payment to a contractor for unexecuted project.
He said during the investigation, it was discovered that TETFund entered into a memorandum of understanding with two companies to provide ICT services to tertiary institutions, including universities, polytechnics and colleges of education.
He, however, alleged that TETFund jettisoned the conditions given by the Bureau of Public Procurement (BPP) and went ahead to engage Fides Et Ratio Academy Limited.
Abubakar averred “that TETFund, through its Executive Secretary and under the hand of the Honourable Minister for Education, secured approval in the sums of N8,600,000,000.00; N3,550,000,000.00 and N3,100,000,000.00, and guidelines for ICT support services for universities, polytechnics and colleges of education from the then president, President Mohammadu i Buhari, GCFR.”
He said following the approval of the sums and guidelines, TETFund under the hand of its ICT Director, Joseph Odo, wrote a letter to all vice chancellors, rectors and provosts of public universities, polytechnics and colleges of education requesting for their readiness to commit 50 per cent of their ICT support intervention funds to the programme.
“TETFund, in fragrant disregard for extant procurement procedures, received proposal from Fides Et Ratio Academy Limited for capacity building ICT related course tor the public universities, polytechnics and colleges: of education,” he said.
The officer said the academy was engaged to provide the services in two phases to the institutions vide a letter dated May 22, 2023.
According to him, the services to be provided by Fides Et Ratio Academy Limited was divided into two categories of online and physical.
He said the total cost implication under Category 1 (Online) was N3, 072, 000, 000 (three billion seventy-two million).
He said in Category II, the total cost implication was N740, 500, 000 (seven hundred and forty million, five hundred thousand naira).
He said total cost implication for Category 1 (Online) plus Category 2 (Physical) was N3, 813, 500, 000. 00 (three billion, eight hundred and twelve million, five hundred thousand naira).
Abubakar, however, alleged that the academy only trained 391 participants out of 502 participants under Category 2 (Physical)
He said the company also admitted receiving full and final payment for Category 2 in a document captioned: “Details of Total Payment Received” dated June 19, 2024, despite the evidence showing that the company only trained 391 out of 502.
Besides, he alleged that the academy received final and full payment for Category 1 (Online) from TETFund to the tune of over one billion naira without executing any work to justify the payment.
He added that evidence from beneficiary tertiary institutions revealed that the company did not carry out any online training activity in their institutions.
He said the MD/CEO of the company, Chukwuma, also made extra-judicial statements to the ICPC in the course of investigation explaining his own side of the story.
Abubakar also gave analysis of Fides Et Ratio Academy Limited account domiciled with Fidelity Bank and how monies were received in tranches.
He said on June 30, 2023, the sum of N550,380,780.23 was received from TETFund by the academy.
He said from the amount, Chukwuma made some transfers, including a deposit of N150, 000, 000.00 (one hundred and fifty million naira) on July 13, 2023, to Globe Motors Holdings Nig. Ltd for the purchase of one unit of Mercedes Benz GLS 600 Maybach for the academy.
Again, he alleged that on July 26, 2023, the sum of N1,503,743,850.00 was received from TETFund, and from the sum, Chukwuma made some transfers, including the sum of N150, 000, 000.00 sent to Globe Motors Holdings Nig. Ltd, for another deposit for the purchase of one unit of Mercedes Benz GLS 600 Maybach.
“For the over N300 million transferred to Globe Motors Holdings Nig. Ltd, Mr Paul Chukwuma claimed he had communication with his international partner, Prof. Dr. Klaus Stierstorfer on the need to buy a car for Fides Et Ratio Academy Limited.
“In this regard, he presented to the ICPC investigators two separate written communicates he had with Prof Stierstorfer,” he said.
The officer alleged that when the ICPC investigators requested Chukwuma to provide them with information on how to get across to Stierstorfer, the effort was unsuccessful till date.
According to him, the applicant (ICPC) is still on the trail of Prof. Dr. Klaus Stierstorfer, with a view to get him to clarify some of the claims of Mr. Paul Chukwuma.
The officer, who said that the application was brought in the interest of justice, said the respondents would not be prejudiced if the request was granted.
