Court Dismisses Emefiele’s Bid To Reclaim Forfeited 753 Abuja Duplexes, Apartments
The Federal Capital Territory (FCT) High Court, Apo, Abuja, on Monday dismissed an application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to reclaim a vast estate in the city comprising 753 duplexes and apartments which has already been forfeited to the government.
Justice Jude Onwuegbuzie ordered the full forfeiture of the estate located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja, and measuring 150,462.84 square meters.
The Economic and Financial Crimes Commission (EFCC) had earlier acquired an interim and subsequently a final forfeiture order for the property in favour of the federal government.
Although the estate was initially retrieved from an unknown former senior government official, many had linked it to Emefiele.
Through his lawyer, Senior Advocate of Nigeria, Adeyinka Kotoye, the former CBN governor later filed a motion as an interested party in the estate.
He requested an extension of time to apply to set aside the interim and final forfeiture orders issued by the court on December 2 and December 24, 2024, respectively.
Emefiele claimed that the entire forfeiture procedure was undertaken without his knowledge, and that the EFCC published the interim forfeiture notice in an inconspicuous part of The Punch newspaper, making it difficult for him to respond on time.
He claimed that he was on trial in three separate criminal cases in Abuja and Lagos at the time, making it nearly impossible for him to learn about the publication.
Emefiele also accused the EFCC of deliberately concealing the forfeiture proceedings, despite frequent interactions with him regarding other pending charges.
In his conclusion, Justice Onwuegbuzie underlined that, while the idea of functus officio (a court’s powerlessness after delivering judgement) was argued, the court kept the capacity to review its decisions in proper situations.
The judge stated that notice requirements in forfeiture proceedings are governed by Section 17(2) of the Advance Fee Fraud and Other Fraud-Related Offences Act of 2006.
He dismissed Emefiele’s claim that the publishing was obscure, arguing that a half-page notice in a national newspaper like Punch could not be reasonably described as hidden.
The court emphasised that only persons who can demonstrate a recognised stake in the lost property are eligible to intervene, similar to the rules regulating joint lawsuits.
In conclusion, Justice Onwuegbuzie determined that Emefiele was given more than 14 days to fight the forfeiture but did not act. He consequently dismissed the motion, deciding the issue exclusively in favour of the EFCC.