The Federal Capital Territory (FCT) High Court in Apo, Abuja, on Monday dismissed an application filed by the former Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, seeking to reclaim a large estate comprising 753 duplexes and apartments, which had already been forfeited to the government.
Justice Jude Onwuegbuzie ordered the final forfeiture of the estate, situated at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja, covering 150,462.84 square metres.
The Economic and Financial Crimes Commission (EFCC) had previously secured both interim and final forfeiture orders over the property on behalf of the Federal Government.
Although the estate was initially recovered from an unnamed senior former government official, it has been widely linked to Mr Emefiele.
Through his counsel, Senior Advocate of Nigeria, Mr Adeyinka Kotoye, the former CBN governor filed a motion as an interested party, seeking an extension of time to set aside the interim and final forfeiture orders issued on 2 and 24 December 2024, respectively.
Mr Emefiele argued that the forfeiture process had been conducted without his knowledge. He claimed that the EFCC had published the interim forfeiture notice in an obscure section of The Punch newspaper, making it difficult for him to respond within the stipulated timeframe.
He further contended that his ongoing criminal trials in three separate cases before various courts in Abuja and Lagos prevented him from discovering the publication in time. Mr Emefiele also alleged that the EFCC deliberately concealed the proceedings despite frequent interactions with him over pending charges.
In his ruling, Justice Onwuegbuzie affirmed that, although the doctrine of functus officio had been raised, a court retains discretion to review its orders under suitable circumstances.
The judge observed that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 governs notification requirements in forfeiture proceedings. He rejected Mr Emefiele’s claim that the publication was obscure, pointing out that a half-page notice in a national newspaper such as The Punch could not reasonably be deemed hidden.
The court also noted that only individuals able to demonstrate a legitimate interest in forfeited property are entitled to intervene, applying similar principles as those governing joinder in civil proceedings.
In conclusion, Justice Onwuegbuzie ruled that Mr Emefiele had been afforded ample opportunity—over 14 days—to challenge the forfeiture but failed to act within the allowed period. Accordingly, the motion was dismissed, with the sole issue resolved in favour of the EFCC.