Tuesday, April 29, 2025

Court dismisses Emefiele’s application to recover seized Abuja estate

Justice Jude Onwuegbuzie of the federal high court in Apo, Abuja, yesterday dismissed an application filed by Godwin Emefiele, the immediate past governor of the Central Bank of Nigeria (CBN), seeking to reclaim a vast estate forfeited to the federal government.




On December 2, the Economic and Financial Crimes Commission (EFCC) secured the final forfeiture of the estate in the FCT.


The estate, located at Plot 109, Cadastral Zone CO9, Lokogoma District, covers 150,500 square metres in the country’s capital and contains 753 duplexes.


Although the estate was initially linked to a company that later denied ownership, Emefiele, through his lawyer, A.M. Kotoye, filed a motion as an interested party in the suit.


The disgraced former CBN governor asked the court for more time to challenge both the interim and final forfeiture orders that were made in December 2024.


Emefiele claimed he didn’t know about the forfeiture process and said the EFCC published the notice in a hard-to-find section of a newspaper, making it difficult for him to respond in time.


According to him, he was busy defending himself in three separate criminal cases in Abuja and Lagos during this period, which prevented him from seeing the publication.


He also accused the EFCC of hiding the forfeiture proceedings on purpose, even though the agency was regularly dealing with him on other charges.


However, in his ruling, Justice Onwuegbuzie held that while the principle of functus officio (which means a court loses power after giving judgment) was raised, the court could still review its decisions under certain conditions.


The judge pointed out that section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, clearly outlines the notice requirements for forfeiture proceedings.


He rejected Emefiele’s claim that the publication was obscure, noting that the half-page notice in a national newspaper was sufficient and could not reasonably be described as hidden.


Justice Onwuegbuzie emphasised that only individuals with a demonstrable interest in forfeited property are entitled to challenge such proceedings, similar to the rules guiding applications to join ongoing lawsuits.


The judge held that Emefiele had been given an adequate opportunity, spanning over 14 days, to contest the forfeiture but failed to do so.


Consequently, the judge dismissed his motion and ruled in favour of the EFCC.

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