Emefiele suffers setback in recovering seized estate

Moves by former Governor of Central Bank of Nigeria (CBN) to reclaim massive Abuja housing estate suffered a crucial setback on Monday when an Abuja High Court declined his application to recover the properties.  

The property sitting on significant 150,462.84 square metres of land had been the subject of a before Emefiele joined in as an interested and also sought to claim the assets.

The Economic and Financial Crimes Commission (EFCC) had previously secured an interim and subsequently a final forfeiture order of the property in favour of the Federal Government.

Acting through his legal counsel, A.M. Kotoye, SAN, the former Central Bank Governor had sought the court to allow him take over the property which was earlier seized from a different person by the Economic and Financial Crimes Commission (EFCC).

However, Justice Jude Onwuegbuzie sitting at the Federal High Court, Apo, Abuja, on dismissed Emefiele’s application to reclaim the 753 duplexes and apartments located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja.

Emefiele had sought an extension of time to apply to set aside the interim and final forfeiture orders made by the court on December 2 and December 24, 2024, respectively.

Emefiele contended that the entire forfeiture process was conducted without his knowledge and alleged that the EFCC published the interim forfeiture notice in an obscure section of a newspaper, making it difficult for him to respond timely.

He argued that he had been standing trial in three separate criminal cases across different courts in Abuja and Lagos during the relevant period, making it practically impossible for him to discover the publication.

Furthermore, Emefiele accused the EFCC of deliberately concealing the forfeiture proceedings despite their frequent interactions with him over other pending charges.

In his ruling, Justice Onwuegbuzie emphasized that while the principle of functus officio (a court becoming powerless after delivering judgment) was argued, the court retained the authority to review its decisions under appropriate circumstances.

The judge noted that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs notice requirements in forfeiture proceedings.

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

The court stressed that only individuals who can show a recognizable interest in the forfeited property are entitled to intervene, akin to the principles governing joinder in lawsuits.

In conclusion, Justice Onwuegbuzie held that Emefiele was given ample opportunity–over 14 days–to contest the forfeiture but failed to act.

He therefore dismissed the motion, resolving the sole issue in favour of the EFCC.Moves by former Governor of Central Bank of Nigeria (CBN) to reclaim massive Abuja housing estate suffered a crucial setback on Monday when an Abuja High Court declined his application to recover the properties.  

The property sitting on significant 150,462.84 square metres of land had been the subject of a before Emefiele joined in as an interested and also sought to claim the assets.

The Economic and Financial Crimes Commission (EFCC) had previously secured an interim and subsequently a final forfeiture order of the property in favour of the Federal Government.

Acting through his legal counsel, A.M. Kotoye, SAN, the former Central Bank Governor had sought the court to allow him take over the property which was earlier seized from a different person by the Economic and Financial Crimes Commission (EFCC).

However, Justice Jude Onwuegbuzie sitting at the Federal High Court, Apo, Abuja, on dismissed Emefiele’s application to reclaim the 753 duplexes and apartments located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja.

Emefiele had sought an extension of time to apply to set aside the interim and final forfeiture orders made by the court on December 2 and December 24, 2024, respectively.

Emefiele contended that the entire forfeiture process was conducted without his knowledge and alleged that the EFCC published the interim forfeiture notice in an obscure section of a newspaper, making it difficult for him to respond timely.

He argued that he had been standing trial in three separate criminal cases across different courts in Abuja and Lagos during the relevant period, making it practically impossible for him to discover the publication.

Furthermore, Emefiele accused the EFCC of deliberately concealing the forfeiture proceedings despite their frequent interactions with him over other pending charges.

In his ruling, Justice Onwuegbuzie emphasized that while the principle of functus officio (a court becoming powerless after delivering judgment) was argued, the court retained the authority to review its decisions under appropriate circumstances.

The judge noted that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs notice requirements in forfeiture proceedings.

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

The court stressed that only individuals who can show a recognizable interest in the forfeited property are entitled to intervene, akin to the principles governing joinder in lawsuits.

In conclusion, Justice Onwuegbuzie held that Emefiele was given ample opportunity–over 14 days–to contest the forfeiture but failed to act.

He therefore dismissed the motion, resolving the sole issue in favour of the EFCC.