Court orders final forfeiture of 52 Lekki housing units to Federal Government

A Federal High Court in Lagos has ordered the final forfeiture of 52 terrace and maisonette units in Lekki to the Federal Government after finding that the properties were reasonably suspected to be proceeds of unlawful activities. The order was made by Justice Alexander Owoeye of the Federal High Court sitting in Ikoyi, Lagos, according to a statement issued by the Economic and Financial Crimes Commission (EFCC) on Saturday.

Properties traced to firms and individual

The forfeited properties, located at Mercyville Estate, Covenant Way, off New Road, Ilasan, Lekki, Lagos, were recovered from Fielddreams Limited, Ifeanyi Nweke and Amex Savings and Loans Limited. Justice Owoeye granted the final forfeiture order after hearing a Motion on Notice filed by the commission through its counsel, Franklin Ofoma.

The EFCC said it had earlier secured an interim forfeiture order over the properties on August 14, 2024, through a ruling delivered by Justice Akintayo Aluko following an ex parte application. The court directed the EFCC to publish the interim forfeiture order in a national newspaper to allow interested parties to show cause why the properties should not be permanently forfeited.

Respondents filed contradictory claims

The respondents filed an affidavit opposing the application, claiming the development was funded with proceeds from the sale of 29 housing units valued at N1.9 billion. However, the EFCC said they later contradicted themselves by alleging that some of the units had not been completed.

While moving the application, Ofoma told the court that the EFCC had complied with the publication order and that the application was backed by a 31-paragraph affidavit stating that the properties were reasonably suspected to be proceeds of unlawful activities. Ofoma told the court that Ifeanyi Nweke was a criminal fugitive who had failed to appear in two separate criminal proceedings. According to the EFCC, there are two subsisting warrants of arrest against Nweke, who also allegedly jumped the administrative bail earlier granted to him by the commission.

Justice Owoeye held that the respondents’ affidavit contained contradictory evidence and therefore failed to constitute a valid defence against the forfeiture application. The judge ruled that the EFCC had established reasonable grounds to suspect that the properties were proceeds of unlawful activities and consequently ordered their final forfeiture to the Federal Government.

EFCC intensifies asset recovery drive

The ruling adds to a series of recent forfeiture orders secured by the EFCC as it intensifies efforts to recover assets suspected to be linked to unlawful activities. The Supreme Court recently restored the forfeiture of properties linked to former Central Bank of Nigeria Governor Godwin Emefiele after overturning a Court of Appeal judgment. A Federal High Court also ordered the final forfeiture of $2.045 million in cash and share certificates belonging to Queensdorf Global Fund Limited Trust. An FCT High Court ordered the forfeiture of properties, luxury jewellery, exotic vehicles and cash worth more than N8.9 billion linked to businesswoman Aisha Achimugu, months after another court ordered the forfeiture of $13 million belonging to her company, Oceangate Engineering Oil & Gas Ltd.

The recent court decisions underscore EFCC’s continued reliance on civil forfeiture proceedings to recover assets it alleges are connected to unlawful activities.