EXPLAINER: EFCC’s Role in Nok University’s Forfeiture, Takeover by FG

Key Points:

1. Nok University’s background
2. EFCC investigation
3. Final forfeiture
4. FG takeover

By Emmanuel Kwada

President Bola Ahmed Tinubu has ordered the Federal Government to take over Nok University, Kachia, Kaduna State, and transform it into a Federal University of Applied Sciences. This move comes after a Federal High Court in Abuja ordered the final forfeiture of the privately-owned NOK University to the Federal Government.

Administrative Block, Nok university. Credit: Nok university Facebook

Nok University, located in Kachia town, Kachia Local Government Area of Kaduna State, was established as the first indigenous private university in Kaduna. The university was registered in Nigeria under the Company and Allied Matters Acts of 1990, with a registered number of RC.1617510. The university’s permanent site sits on a 109-hectare land, providing a serene and central location for learning, commerce, and industry.

The founder of Nok University, Chief Anthony Hassan, had envisioned the institution as a hub for science-related courses, aiming to equip graduates with self-employment skills. The university was planned to have faculties of engineering, medicine, and environmental sciences.

Jniversity would prioritize science-related courses to equip graduates with self-employment skills

In an interview with Daily Trust in 2020, Hassan stated that the university would prioritize science-related courses to equip graduates with self-employment skills. He also mentioned that the university would have faculties of engineering, medicine, and environmental sciences.

However, the university’s development was marred by controversy, with the Economic and Financial Crimes Commission (EFCC) investigating allegations of fraudulent activities linked to its owner. In June 2022, a Federal High Court sitting in Abuja ordered the interim forfeiture of every asset of Nok University, including its buildings, water factory, event center, and international hotel in Kaduna State.

VP Shattima, officials from the ministry of education during handover of the school. Credit: EFCC X

The EFCC had investigated allegations of criminal conspiracy, stealing, abuse of office, and money laundering against Hassan and other staff of the Federal Ministry of Health. The court’s decision to grant the interim forfeiture of Nok University’s assets was based on evidence that the university was built using proceeds of unlawful activities traced to its owner.

In June 2022, the Federal High Court granted the final forfeiture of Nok University’s assets, including its buildings, water factory, event center, and international hotel in Kaduna State. The court’s decision was based on the principle that any person who lives above their means owes the society some explanations, and that the burden lies on the accused to justify properties acquired that are disproportionate to their known legitimate earnings.

Court grants Final Forfeiture of NOK University, Hotel and Factory in Kaduna

According to the Economic and Financial Crimes Commission (EFCC), “Court grants Final Forfeiture of NOK University, Hotel and Factory in Kaduna”. The EFCC stated that “Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, on Friday, June 7, 2022 ordered the final forfeiture of every asset of NOK University, Gwasmyen Water Factory, Gwasmyen Event Center and Gwasmyen International Hotel in Kaduna State”.

The EFCC further stated that “The Economic and Financial Crimes Commission, EFCC, had, through its counsel Ekele Iheanacho filed an order of final forfeiture of the said properties pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and Section 44(2) of the 1999 Constitution of the Federal Republic of Nigeria”.

The Commission also stated that “Iheanacho, through diligent submission and evidence before the court, established the facts that Anthony Hassan, a former Director of Finance and Accounts, DFA, in the Federal Ministry of Health, built NOK University using proceeds of unlawful activities traced to him”.

The EFCC noted that “Physical assets of the University forfeited include Senate building, ICT building, Faculty of Medicine building, Science Deanery building, two Academic buildings, a Faculty Hall and other buildings. Other properties also forfeited include Gwasmyen Water Factory, Gwasmyen Event Center and Gwasmyen International Hotel in Kaduna State”.

Criminal conspiracy, stealing, abuse of office and money laundering against some staff of the Federal Ministry of Health

The Commission’s investigative Officer, Adaora Asabe Oragudosi, had investigated some verified intelligence bordering on criminal conspiracy, stealing, abuse of office and money laundering against some staff of the Federal Ministry of Health where the properties ordered forfeited were traced to the defendant.

According to the EFCC, “Delivering judgment on the matter on Friday, Justice Abdulmalik held that ‘the Apex court has held that any person who lives above his means owes the society some explanations. The burden lies on the accused to justify properties acquired which are disproportionate to his known legitimate earnings. It is in law that forfeitures are hinged on preponderance of evidence’.

Nok University’s entrance. Credit Nok university Facebook

The EFCC also quoted Justice Abdulmalik as saying “Again, I hold that the respondent has failed woefully in tilting the scale of evidence in his favor. It is a principle of law that oral evidence cannot contradict or supersede documentary evidence because documentary evidence speaks for itself.”

With the final forfeiture of Nok University’s assets, President Bola Ahmed Tinubu has ordered the Federal Government to take over Nok University, Kachia, Kaduna State, and transform it into a Federal University, now named Federal University of Applied Sciences, Kachia, Kaduna State. This move is in fulfillment of a promise made to the people of Southern Kaduna and follows a Federal High Court order for the final forfeiture of the privately-owned NOK University to the Federal Government.

VP Shattima presenting the documents to the Minister of Education, Dr Tunji. Credit Shattima X

The Vice President, Kashim Shettima, described the event as a great day for the country and Kaduna State, praising President Tinubu for driving the process. He also paid tribute to those instrumental in the transition, including General Martin Luther Agwai, Bishop Matthew Hassan Kukah, Justice Kumai Bayang Akaahs, and Senator Sunday Marshall.

The President has directed the Minister of Education to capture the university in the 2025 budget, allowing it to admit its first set of students by September. The university will provide access to quality education, create jobs, and stimulate local economic growth in the region.

The establishment of the Federal University of Applied Sciences, Kachia, is a demonstration of President Tinubu’s dedication to expanding the nation’s human capital and capacity development. The Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukayode, said the court had granted a judgment for the final forfeiture of the university’s assets, which will be used for the newly established university.

The Chief of Defence Staff, Gen. Christopher Musa, thanked President Tinubu for the great honor done to the people of Southern Kaduna, saying the university will enhance the capacity of all Nigerians and bring peace to the region. Gen. Martin Luther Agwai (rtd) described it as one of the greatest days of joy for the people of Southern Kaduna, who have eventually gotten a science-based university that will uplift the value of life in the area.

VP Shattima Handing over the documents to Gov Uba Sani. Credit: Shattima X

Kaduna State Governor, Senator Uba Sani, thanked President Tinubu for realizing the dream of establishing the Federal University of Applied Sciences, describing the signing ceremony as a great day for the people of the state and Nigerians at large. Senator Sunday Marshall Katung, who presented the bill for the university’s establishment, said the institution will provide access to quality education, create jobs, and stimulate local economic growth.

The Minister of Education, Dr. Tunji Alausa, described the establishment as a demonstration of President Tinubu’s dedication to expanding the nation’s human capital and capacity development. The Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukayode, said the court had granted a judgment for the final forfeiture of the university’s assets, which will be used for the newly established Federal University of Applied Sciences, Kachia.

The university will enhance the capacity of all Nigerians and bring peace to the region

The Chief of Defence Staff, Gen. Christopher Musa, thanked President Tinubu for the great honor done to the people of Southern Kaduna, saying the university will enhance the capacity of all Nigerians and bring peace to the region. Gen. Martin Luther Agwai (rtd) described it as one of the greatest days of joy for the people of Southern Kaduna, who have eventually gotten a science-based university that will uplift the value of life in the area.

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