Court Ordered Final Forfeiture To FG $2.045m, Eight Choice Properties Linked To Emefiele

Justice Deinde Dipeolu of a Federal High Court, Lagos has ordered the final forfeiture to the federal government, a cash sum of $2.045 million, eight choice properties in Lagos and Delta State, as well as two share certificates of a firm, all linked to former CBN Governor, Godwin emefiele, on grounds that the properties are reasonably suspected to have been acquired with proceeds of crime.

The court added that since Emefiele also didn’t claim ownership of the $2.045million and two share certificates linked to him, such unchallenged evidence presented by the EFCC’s counsel, Rotimi Oyedepo (SAN) who led Bilikisu Buhari-Bala, Chineye Okezie, Zeenat Atiku Bala and Hannatu Umar Kofarnaisa is credible proof for the court to ascribe probative value to it.

The lands are listed as follows: “two fully detached duplex of identical structures, lying being and situate at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped/bare land, measuring 1919.592sqm with Survey Plan No. DS/LS/340 LYING, being and situate at Oyinkan Abayomi Drive (Formerly Queens Drive), Ikoyi, Lagos; a bungalow lying, being and situate at No. 65a Oyinkan Abayomi Drive, (Formerly Queens Drive), Ikoyi, Lagos; four bedroom duplex lying, being and situate at 12a Probyn Road, Ikoyi; Industrial complex under construction on a 22-plot of land, lying, being and situate in Agbor, Delta State; 8 units of undetached apartment on a plot measuring 2457.60sqm OF lying, being and situate at No. 8a Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land measuring 2217.87sqm lying, being and situate at 2a Bank Road, Ikoyi, Lagos.

Emefiele’s counsel had argued in October that he instructed his solicitor to purchase those landed properties in his name with proceeds accrued from his lawful savings whilst serving in various capacities at Zenith Bank Plc and the CBN, and that those instructions were carried out.

Earlier in the day, Justice Dipeolu also refused to halt further proceedings of the suit, as prayed for by the top banker, pending the determination of two criminal charges brought against him in Abuja and Lagos.

The Judge said that the case in Abuja borders on alleged illegal award of contracts and payments, bearing no link to the instant suit. While, the charge he’s facing in Lagos which borders on the alleged negotiation for and acceptance of kickbacks by Emefiele and his cronies in exchange for forex.

The Court said that though the charge being heard at the Lagos State High Court bears some similarities with this case, the charge doesn’t list any property seeking to be forfeited or link them as having being purchased from those alleged illegalities.

Emefiele had sought for a stay of further proceedings of this action pending the hearing and determination of both criminal charges, contending that hearing all three cases simultaneously will be prejudicial to him, since he is presumed innocent until proven guilty.

But the EFCC which instituted all three cases had argued that this Case brought under Section 17(3) of the Advance Fee Fraud Act of 2016 isn’t conviction-based but targets properties reasonably suspected of being proceeds of crime, and will not breach his rights.

Oyedepo had added that the instant proceedings are distinct from the criminal charges against the applicant.

The Court held that Emefiele despite his arguments through his Lead Counsel Olalekan Ojo (SAN) that he had purchased the landed properties through legitimate means, didn’t provide any link to the several companies that were found to be the owners of the properties.

The Court said that the former CBN Governor had instead indirectly denied ownership of those properties, having not admitted whether he was a member, shareholder or director of those firms.

The Court added after examining the several documents presented by the EFCC seeking final forfeiture and Emefiele claiming ownership of the properties that he didn’t present proof of ownership and title documents to support his claims of ownership.

Neither did the said companies file any court documents in the Suit on why the assets shouldn’t be forfeited to the federal government.

“He has distanced himself from the firms yet is claiming ownership of the properties. No member, director or shareholding of those firms filed any affidavit to show cause why the properties shouldn’t be forfeited to the government.

“There’s something in the dark on those properties which has led to suspicion. Godwin Emefiele is crying more than the bereaved as he has failed to show cause or his link to the Companies.”