Serious Organised Crime Agency v Agidi & Anor [2011] EWHC 175 (QB) (07 February 2011)

Serious Organised Crime Agency v Agidi & Anor [2011] EWHC 175 (QB) (07 February 2011)

The court found, on the balance of probabilities, that the property in question was obtained through unlawful conduct, specifically bribes and corrupt payments received by Mr Agidi in connection with his official duties as a Nigerian civil servant and through corrupt relationships with Skoda Export Limited and Sagem SA. The property is therefore recoverable under s.304(1) of the Proceeds of Crime Act 2002. The court also found no abuse of process and refused the release of frozen funds for legal costs, as the respondents had not demonstrated lack of access to other resources.

Citation
[2011] EWHC 175
Parties
Claimant: The Serious Organised Crime Agency; First Respondent: Christopher Orumgbe Agidi; Second Respondent: Angela Ilekenri Agidi
Jurisdiction
England and Wales
Judgment Date
07 February 2011
Procedural Posture
Civil Recovery Proceedings Under the Proceeds of Crime Act 2002 / Judgment After Trial
Outcome
Claim allowed. Property declared recoverable.
Legal Topics
Civil Recovery of Proceeds of Crime, Corruption, Bribery, Money Laundering, Property Freezing Orders, Disclosure Obligations, Abuse of Process, Legal Costs in Asset Recovery
Civil Law Criminal Law Proceeds of Crime Asset Forfeiture Civil Recovery of Proceeds of Crime Corruption Bribery Money Laundering +4 more

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Parties

The Serious Organised Crime Agency

Claimant

Christopher Orumgbe Agidi

First Respondent

Angela Ilekenri Agidi

Second Respondent

Procedural Posture

Civil Recovery Proceedings Under the Proceeds of Crime Act 2002 / Judgment After Trial

Legal Issues

  1. 1 Whether the property claimed is recoverable property within the meaning of s.304(1) of the Proceeds of Crime Act 2002
  2. 2 Whether the proceedings amount to an abuse of process
  3. 3 Whether funds should be released from the Property Freezing Order to meet legal costs

Ratio Decidendi

The court found, on the balance of probabilities, that the property in question was obtained through unlawful conduct, specifically bribes and corrupt payments received by Mr Agidi in connection with his official duties as a Nigerian civil servant and through corrupt relationships with Skoda Export Limited and Sagem SA. The property is therefore recoverable under s.304(1) of the Proceeds of Crime Act 2002. The court also found no abuse of process and refused the release of frozen funds for legal costs, as the respondents had not demonstrated lack of access to other resources.

Court Disposition

Claim allowed. Property declared recoverable.

Orders

  • The property specified in the claim, including the house at 84 Hurstwood Road and funds held in the Citibank account, is declared recoverable property under the Proceeds of Crime Act 2002.
  • Application for release of funds for legal costs is refused.