Court dismisses Emefiele’s application to recover seized Abuja estate

A federal capital territory (FCT) high court in Apo has dismissed an application filed by Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), seeking to reclaim an estate seized by the federal government.

On December 2, the Economic and Financial Crimes Commission (EFCC) secured the final forfeiture of an estate in the FCT.

The estate, located at Plot 109, Cadastral Zone CO9, Lokogoma District, covers 150,500 square metres in the country’s capital and contains 753 duplexes.

Although the estate was initially linked to a company that later denied ownership, Emefiele, through his lawyer, A.M. Kotoye, filed a motion as an interested party in the suit.

The former CBN governor asked the court for more time to challenge both the interim and final forfeiture orders that were made in December 2024.

Emefiele claimed he didn’t know about the forfeiture process and said the EFCC published the notice in a hard-to-find section of a newspaper, making it difficult for him to respond in time.

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According to him, he was busy defending himself in three separate criminal cases in Abuja and Lagos during this period, which prevented him from seeing the publication.

He also accused the EFCC of hiding the forfeiture proceedings on purpose, even though the agency was regularly dealing with him on other charges.

However, in his ruling, Judge Jude Onwuegbuzie held that while the principle of functus officio (which means a court loses power after giving judgment) was raised, the court could still review its decisions under certain conditions.

The judge pointed out that section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, clearly outlines the notice requirements for forfeiture proceedings.

He rejected Emefiele’s claim about the hidden notice, noting that the half-page announcement in a national newspaper was adequate and couldn’t reasonably be considered hidden.

Onwuegbuzie emphasised that only people with a proven interest in forfeited property have the right to challenge such proceedings, similar to rules for joining ongoing lawsuits.

The judge held that Emefiele had been given enough time (over 14 days) to contest the forfeiture but didn’t do so.

As a result, the judge dismissed his motion and ruled in favour of the EFCC.