Emefiele Appeals Final Forfeiture Order On 753-Unit Housing Estate

Godwin Emefiele, a former Central Bank of Nigeria governor, has appealed to the Court of Appeal in Abuja to overturn a judgment that granted the government full control of a substantial estate in Abuja comprising 753 housing units.

The Economic and Financial Crimes Commission (EFCC) had previously obtained a court order to seize the estate, located in the Lokogoma district of Abuja.

The estate was initially linked to an unnamed former government official before being recovered.

However, Emefiele, through his lawyer, A.M. Kotoye, filed a motion as an interested party in the suit, arguing that he should have been involved in the proceedings.

He is now seeking the appeal court’s reversal of the lower court’s ruling.

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Emefiele’s arguments include a request for an extension of time to challenge the interim and final forfeiture orders issued by the lower court on December 2 and December 24, 2024, respectively.

He claimed the forfeiture proceedings were conducted without his knowledge, alleging that the EFCC published the interim forfeiture notice in an obscure section of a newspaper, making it difficult for him to respond promptly.

He further explained that during that period, he was facing three separate criminal trials in Abuja and Lagos, which made it practically impossible for him to discover the publication.

Additionally, Emefiele accused the EFCC of intentionally concealing the forfeiture proceedings despite their regular interactions with him regarding other pending charges.

The lower court, in a judgment delivered by Justice J. O. Onwuegbuzie, dismissed Emefiele’s motion.

The court stated that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs notice requirements in forfeiture proceedings.

It also held that Emefiele’s claim of an “obscure” publication was unacceptable, noting that a half-page notice in a national newspaper could not reasonably be described as hidden.

Dissatisfied with this decision, Emefiele, in an appeal dated April 30, 2025, approached the appellate court through his counsel, Kotoye, seeking five reliefs.

The appeal, naming Emefiele as the appellant and the EFCC as the sole respondent, prays for an order allowing the appeal and setting aside the lower court’s judgment.

Emefiele based his argument on four grounds, asserting his dissatisfaction with the entire judgment.

He contended that both the interim and final orders, as well as the entire proceedings before the lower court, are null because they were based on conjectures and hearsay, which are inadmissible.

The appellant also argued that no law was breached in the acquisition of those properties that would activate Section 44(2)(b) of the 1999 Constitution (as amended) and Section 17(1) of the Advance Fee Fraud and Other Related Offences Act.

He maintained that both the interim and final forfeiture orders were made in contravention of Section 44(1) of the 1999 Constitution (as amended) and are therefore null.

The appellant further noted that his interest in both legal and equitable rights to the disputed property was clearly demonstrated in the grounds supporting his application.

Meanwhile, in a letter dated May 26, 2025, and addressed to the Minister of the Federal Ministry of Housing and Urban Development, A.O.M. Adebowale, co-counsel for the former apex bank chief, drew the minister’s attention to the pending appeal regarding the disputed property.

The letter urged the minister to refrain from taking further action on the property until the appeal is heard.

It stated: “We write to bring to your notice the pendency of our appeal at the court of appeal, Abuja, following the judgment of the high court of the federal capital territory, sitting at Apo, delivered by his lordship J.O. Onwuegbuize on April 28. We have become aware of the handing over of the properties, which are the subject matter of the pending appeal, to the ministry of works and housing through the honourable minister for works and housing. We are further aware that the said properties will soon be made available to the general public for purchase via auction. We served the notice of appeal to the legal department of the Economic and Financial Crimes Commission on May 2, 2025 and subsequently served a notice of injunction on 22 May 2025. In light of the foregoing, we write to bring the pendency of our appeal to your notice and request that further actions on the subject matter of the appeal be stayed pending the hearing of the appeal.”