The Economic and Financial Crimes Commission (EFCC) has defended its decision to withhold the identity of the owner of a recently recovered estate, which it has described as the largest single asset recovery in its history.
On Monday, the EFCC announced the recovery of 753 duplexes and other apartments located at Plot 109, Cadastral Zone C09, Lokogoma District, Abuja.
The commission, however, faced criticism from many Nigerians for not revealing the identity of the estate’s owner.
Among the critics is former presidential candidate of the African Action Congress, Omoyele Sowore, who accused the EFCC of being afraid to confront “big thieves.”
EFCC Explains Legal Basis
Responding in a statement on Tuesday, the EFCC’s Head of Media and Publicity, Dele Oyewale, clarified that the commission’s actions were guided by legal provisions governing forfeiture proceedings and a commitment to professionalism.
Oyewale explained that the forfeiture of the estate was carried out under civil proceedings in accordance with Section 17 of the Advance Fee Fraud Act. This legal framework allows for action-in-rem, a process targeting property rather than individuals, particularly in cases involving unclaimed assets.
He stated:
“The allegation of a cover-up of the identity of the promoters of the estate defies logic, as the proceedings for the forfeiture of the estate followed Section 17 of the Advance Fee Fraud Act. This is a civil proceeding that permits action-in-rem rather than action-in-personam.
“The former allows legal actions to be taken against a property and not an individual, particularly in cases involving unclaimed assets. This Act provides for forfeiture proceedings against a chattel that is not a juristic person. This is precisely what the Commission did with respect to the estate.”
Investigations and Court Orders
Oyewale disclosed that actionable intelligence had prompted investigations into the estate.
During the inquiry, a company initially suspected of owning the property denied any connection to it after public notices were issued in leading national newspapers.
“Following this, the commission approached the court for a final forfeiture order, which Justice Jude Onwuegbuzie of the Federal Capital Territory High Court granted on Monday, 2 December 2024,” he added.
Despite obtaining the court order, Oyewale noted that the EFCC’s criminal investigation into the matter remains ongoing. He stressed that revealing the names of individuals without direct evidence linking them to the property’s title documents would be premature and unprofessional.
“The substantive criminal investigation into the matter continues,” Oyewale said. “It would be unprofessional for the EFCC to publicly name individuals whose identities are not directly linked to any title documents of the properties.”
Commitment to Transparency
The EFCC reiterated its commitment to impartiality and adherence to its “no sacred cows” policy, assuring the public of its dedication to combating corruption.
“We remain steadfast in our mission to tackle corruption, and together, we will make Nigeria greater,” Oyewale concluded.