The Federal Capital Territory (FCT) High Court in Apo, Abuja, on Monday dismissed an application filed by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to reclaim a large estate in Abuja comprising 753 duplexes and apartments.
The Estate, located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja, which spans 150,462.84 square metres was originally recovered from an unnamed former senior government official by the Economic and Financial Crimes Commission (EFCC).
The commission afterwards approached the court to obtain both interim and final forfeiture orders for the property in favour of the Federal Government.
Emefiele, through his lawyer A.M. Kotoye (SAN), filed a motion as an interested party in the suit.
In his contentions, Emefiele sought an extension of time to challenge the interim and final forfeiture orders issued by the court on 2 and 24 December 2024, respectively.
Emefiele told the court that the forfeiture proceedings were carried out without his knowledge.
He alleged that the EFCC published the interim forfeiture notice in an obscure section of a newspaper, making it difficult for him to respond in a timely manner.
He also explained to the court that during the relevant period, he was standing trial in three separate criminal cases in courts in both Abuja and Lagos, which made it practically impossible for him to discover the publication.
Additionally, Emefiele accused the EFCC of deliberately concealing the forfeiture proceedings, despite their regular interactions with him concerning other pending charges.
In his ruling, Justice Onwuegbuzie acknowledged the argument regarding the principle of functus officio (a court’s loss of jurisdiction after delivering judgment) but stated that the court retains the authority to review its decisions under appropriate circumstances.
The judge emphasised that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs the notice requirements in forfeiture proceedings.
The court rejected Emefiele’s claim that the publication was obscure, noting that a half-page notice in a national newspaper could not reasonably be described as hidden.
The court stressed that only individuals with a legitimate and recognisable interest in the forfeited property are entitled to intervene, consistent with the principles governing joinder in legal proceedings.
Justice Onwuegbuzie ruled that Emefiele had been afforded ample opportunity; over 14 days, to contest the forfeiture but failed to act and dismissed the motion.
