Justice Yellim Bogoro of the Federal High Court in Lagos on Friday ordered the final forfeiture of $4.7m, N830m, and multiple properties linked to the former governor of the Central Bank of Nigeria Godwin Emefiele.
The judge who had earlier dismissed an application brought by an interested party seeking to stop the judgment, from being delivered granted the final forfeiture application filed by the Economic and Financial Crimes Commission’s counsel Bilkisu Buhari-Bala.
The funds, forfeited to the federal government, were held in First Bank, Titan Bank, and Zenith Bank accounts managed by individuals and entities including Omoile Anita Joy, Deep Blue Energy Service Limited, Exactquote Bureau De Change Ltd, Lipam Investment Services Limited, Tatler Services Limited, Rosajul Global Resources Ltd, and TIL Communication Nigeria Ltd.
While the properties affected by the interim forfeiture include 94 units of an 11-floor building under construction at 2 Otunba Elegushi 2nd Avenue, Ikoyi, Lagos; AM Plaza, 11-floor office space on Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1 on Esa Street, Imoore Land, Amuwo Odofin LGA, Lagos; Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro, Owolomi Village, Ibeju-Lekki LGA, Lagos; and two properties purchased from Chevron Nigeria, located in Lakes Estate, Lekki, Lagos.
Others are a plot at Lekki Foreshore Estate Scheme, Foreshore Estate, Eti-Osa, LGA; an estate at 100 Cottonwood Coppel Texas Drive, Coppel, Texas, owned by Lipam Investment Services; land at 1 Bunmi Owulude Street, Lekki Phase 1, Lagos; and a property at 8 Bayo Kuku Road, Ikoyi, Lagos.
Justice Bogoro in his judgement held that all these properties and funds are proceeds of unlawful activities which are bound to be forfeited to the Federal Government of Nigeria.
The judge held: ‘I find that the activities of the respondents here were unlawful. Why should they have a problem of dollars immediately after Godwin Emefiele left CBN as a governor of the Bank and salary could not be made?
‘I hold that they are not legitimate business activities.
‘I hold that Anita Omoile is a close crony of the former CBN governor Godwin Emefiele who has been given undue influence to unlawfully sway dollars from CBN.
‘Consequently, I find that all the monies and properties in the schedule are finally forfeited to the Federal Government of Nigeria.’
The EFCC through its counsel Rotimi Oyedepo (SAN) had cited Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and Section 44(2)(b) of the Nigerian Constitution in its application, seeking an interim forfeiture on the grounds that the funds and properties were suspected to be proceeds of unlawful activities.
Justice Bogoro, finding merit in the EFCC’s application, ordered the interim forfeiture and mandated the publication of the order in a national newspaper.
Following the failure of the defendants or anyone else to prove that the funds legitimately belonged to them, the judge then made the interim order permanent
