The Federal High Court in Lagos has ordered the final forfeiture of 52 terrace and maisonette units in the Lekki area of the state to the federal government after ruling that the properties were proceeds of unlawful activities.
Judge Alexandra Owoeye delivered the ruling on Wednesday while granting an application filed by the Lagos Zonal Directorate 2 of the Economic and Financial Crimes Commission (EFCC).
The EFCC announced the latest forfeiture in a statement shared on Saturday by its spokesperson, Dele Oyewale.
According to the commission, the properties are located at Mercyville Estate, Covenant Way, off New Road, Ilasan, Lekki, Lagos, and were recovered from Fielddreams Limited, Ifeanyi Nweke and Amex Savings and Loans Limited.
The commission stated that its lawyer, Franklin Ofoma, argued that investigations showed the properties were reasonably suspected to be proceeds of unlawful activities and urged the court to order their permanent forfeiture.
Nearly a two-year legal process
The latest ruling brings to a close proceedings that began in August 2024, when the EFCC secured an interim forfeiture order over the properties from another judge Akintayo Aluko following an ex parte application.
As required in such proceedings, the court directed the commission to publish the interim forfeiture order in a national newspaper, inviting anyone with an interest in the properties to appear before the court and show cause why they should not be permanently forfeited to the federal government.
Following the publication, the respondents challenged the application by filing an affidavit opposing the final forfeiture.
According to the EFCC, the respondents initially stated that the funds used to develop the 52 terrace and maisonette units came from the sale of 29 other housing units valued at N1.9 billion.
The commission, however, argued that they later contradicted that position by alleging that some of the housing units had not been completed, despite earlier claiming that construction had been completed in 2020 and financed with proceeds from the earlier sales.
EFCC’s Case
While moving the application, Mr Ofoma told the court that the commission had complied with all the conditions attached to the interim forfeiture order, including its publication in a national newspaper.
He also relied on a 31-paragraph affidavit sworn by Afolabi Oladele, a litigation officer in the EFCC’s Legal Department, to support the application.
Mr Ofoma further alleged that Mr Nweke, the second respondent, is facing criminal charges before two different judges in Lagos State High Courts but has failed to appear for arraignment.
According to the EFCC, two warrants have been issued for his arrest, while he also failed to honour the administrative bail earlier granted to him by the commission.
Court rejects respondents’ evidence
In her ruling, Mrs Owoeye held that the respondents’ affidavit contained material contradictions that undermined its credibility.
The judge said the court could not pick and choose which version of the respondents’ evidence to believe and consequently rejected the entire affidavit filed in opposition to the EFCC’s application.
With the respondents’ evidence struck out, the court stated that there was no valid opposition to the application for final forfeiture.
Mrs Owoeye further ruled that the EFCC had established reasonable grounds to suspect that the properties were proceeds of unlawful activities and was therefore entitled to the reliefs sought.
She consequently granted the application and ordered the final forfeiture of the 52 terrace and maisonette units to the federal government.
String Of Forfeitures
The decision adds to a string of recent court victories for the anti-graft agency in its efforts to recover assets suspected to have been acquired through illicit means. On Friday, the Supreme Court upheld the final forfeiture of luxury properties and over $2 million linked to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, affirming an earlier eof the Federal High Court.
On Wednesday, the Federal High Court in Abuja ordered the final forfeiture of 48 properties linked to former Attorney General of the Federation and Minister of Justice, Abubakar Malami.
On Thursday, the Federal Capital Territory High Court in Apo, Abuja, ordered the final forfeiture of properties linked to businesswoman Aisha Achimugu, to the federal government.
The properties include jewelry worth N4.6 billion (N4,645,170, 294.9 billion, 11 exotic cars worth N4.23 billion (N4.293,000,000), $50,000 and N30 million.
The courts issued the final forfeiture orders after EFCC convinced them that the assets were proceeds of unlawful activities and the owners from whom they were recovered were unable to offer credible evidence that they legitimately acquired them.
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