Court Dismisses Emefiele’s Application To Recover Forfeited Property

The High Court of the Federal Capital Territory (FCT) on Monday, April 28, 2025, dismissed an application by a former governor of the Central Bank of Nigeria (CBN) Godwin Emefiele seeking to set aside an order forfeiting 150,462.84 square metres of land at Plot 109 Cadastral Zone CO9 Lokogoma, Abuja, to the Federal Government of Nigeria.

Justice Jude Onwuegbuzie, who gave the judgment, held that the Economic and Financial Crimes Commission (EFCC), which secured the order of final forfeiturte on December 2, 2024, gave Emefiele and any other person interested in the property, adequate time to challenge the interim forfeiture order but they failed to do so.

The judge gave the decision in suit M/226/25 and Motion No M/15766/2024.

The forfeiture order followed the EFCC’s argument to the court that the property was reasonably suspected to have been acquired and/or developed with proceeds of unlawful activity.

But, dissatisfied, Emefiele filed a motion on notice seeking to overturn the order.

He contended, among others, that he was not aware of the forfeiture order because it was secretly obtained by the Commission.

Specifically, he prayed for:

1. An Order Extending the time within which the Applicant may apply to set aside the Order/decision of this Honourable Court made on the 2nd day of December, 2024 by this Court in respect of the property situate and lying at Plot 109, CAD Zone C09, Lokogoma District, Abuja and measuring 150,462,86sq/m on the ground of (nullity, misrepresentation of facts and lack jurisdiction.

2. An Order setting aside the Order/decision of this Court delivered by this Court on the 2nd day of December, 2024 11 Motion No. FCT/HC/M/15766/2024, upon the grounds stated in this application in respect of the property situated and lying at plot 109, CAD Zone C09, Lokogoma District Abuja and measuring 150,462.86sq/m on the ground of nullity, misrepresentation of facts and lack of Jurisdiction.

3. An Order granting the Applicant leave to file an Affidavit to show cause in opposition to the Respondent’s application for permanent forfeiture in respect of the property situated and lying at plot 109, CAD Zone C09, Lokogoma District Abuja and measuring 150,462.86sq/m on the merit.

Emefiele’s grounds for seeking a reversal included that:

“The entire process leading to the grant of the order nisi and the final forfeiture over the property were shrouded in secrecy and the Applicant only read about same in the media, after the grant of the order of final forfeiture.

“The Respondent made the publication of the order nisi for interim forfeiture of the property in a very obscure portion of the Punch Newspaper published on the 6th day of November, 2024, in a manner clearly aimed at disguising its existence. The Applicant was, therefore, not aware of the said publication as he has been standing trial in three (3) separate criminal Charges filed by the same Respondent in three different courts in Abuja and Lagos with the trials coming up almost day to day every week. In the circumstances, it was practically impossible to read a news from cover to cover to become aware of such publication.”

But he was opposed by EFCC counsel Rotimi Oyedepo SAN who filed a written address, a 13-paragraph counter affidavit, and exhibits.

In his judgement, the judge agreed with Oyedepo that Emefiele’s argument were without merit.

Justice Onwuegbuzie held: “It is difficult for this Court to accept that a half-page publication in a national daily like the Punch Newspaper can rightly or honestly be described as an obscure publication.

“I have myself examined the said publication which is at page 31 of the Punch Newspaper of Wednesday, 6/11/2024. By any standard, I certainly do not think that it was either obscure, hidden or disguised to appear as anything other than the interim forfeiture order that it was in fact put out to be. I therefore reject that contention.”

The judge further noted that Emefiele failed to show how he was an interested person in the case.

The court, he added, gave Emefiele “the opportunity through Exhibit E and the window period of 14 days and more, to file affidavit to show cause why the said property should not be finally forfeited to the Federal Government of Nigeria, but the applicant failed, reneged and neglected to utilise same.

“The motion fails and is accordingly dismissed.”