Federal High Court’s Decision in Lagos
The Federal High Court in Lagos has issued a final forfeiture order for a warehouse and numerous steel containers, solidifying the assets’ transfer to the Federal Government of Nigeria. This decision was made by Justice Deinde Dipeolu, following an application by the Economic and Financial Crimes Commission (EFCC).
Details of the Forfeited Assets
The forfeited properties include a warehouse constructed on a 1.925-hectare plot located along the Lagos-Ibadan expressway in Magboro, within the Obafemi Owode Local Government Area of Ogun State. Additionally, 54 general-purpose steel containers were also permanently seized.
Legal Basis for Forfeiture
The EFCC’s counsel, Rotimi Oyedepo (SAN), had initially sought the court’s intervention through an ex parte motion on November 28, alleging that these assets were potentially acquired through unlawful means and were linked to Godwin Emefiele, the former governor of the Central Bank of Nigeria.
Interim to Final Forfeiture
Justice Dipeolu had earlier granted an interim forfeiture, directing the EFCC to publicize this in a national newspaper to allow any interested parties to contest the seizure. However, during the subsequent court session, Oyedepo informed the judge that no claims were made against the assets, leading to the request for final forfeiture.
Legal Grounds and Court’s Decision
The application for final forfeiture was based on Section 44(2)(B) of the 1999 Nigerian Constitution (as amended), Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, and the court’s inherent jurisdiction. After reviewing the presented documents and hearing from the EFCC’s lawyer, Justice Dipeolu granted the forfeiture, stating the properties are “reasonably suspected to have been acquired with proceeds of unlawful activities.”
