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The Federal Capital Territory (FCT) High Court, Apo, Abuja, on Monday dismissed an application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to reclaim a vast estate in the city comprising 753 duplexes and apartments which has already been forfeited to the government.
Justice Jude Onwuegbuzie ordered the final forfeiture of the estate located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja, and measuring 150,462.84 square metres.
The Economic and Financial Crimes Commission (EFCC) had previously secured an interim and subsequently a final forfeiture order of the property in favour of the Federal Government.
Although the estate was initially recovered from an unnamed former senior government official, many had linked it to Emefiele.
The forfeited property
Through his lawyer, Senior Advocate of Nigeria, Adeyinka Kotoye, the former CBN governor subsequently filed a motion as an interested party in the estate.
He sought an extension of time to apply to set aside the interim and final forfeiture orders made by the court on December 2 and December 24, 2024, respectively.
Emefiele contended that the entire forfeiture process was conducted without his knowledge and alleged that the EFCC published the interim forfeiture notice in an obscure section of The Punch Newspaper, making it difficult for him to respond timely.
He argued that he had been standing trial in three separate criminal cases across different courts in Abuja and Lagos during the relevant period, making it practically impossible for him to discover the publication.
Emefiele also accused the EFCC of deliberately concealing the forfeiture proceedings despite their frequent interactions with him over other pending charges.
In his ruling, Justice Onwuegbuzie emphasized that while the principle of functus officio (a court becoming powerless after delivering judgment) was argued, the court retained the authority to review its decisions under appropriate circumstances.
The judge noted that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs notice requirements in forfeiture proceedings.
He rejected Emefiele’s argument that the publication was obscure, stating that the half-page notice in a national newspaper like Punch could not reasonably be described as hidden.
The court stressed that only individuals who can show a recognizable interest in the forfeited property are entitled to intervene, akin to the principles governing joinder in lawsuits.
In conclusion, Justice Onwuegbuzie held that Emefiele was given ample opportunity—over 14 days—to contest the forfeiture but failed to act. He therefore dismissed the motion, resolving the sole issue in favour of the EFCC.
