Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court, Apo, Abuja, on Monday dismissed an application by former Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, seeking to reclaim a sprawling estate in Abuja consisting of 753 duplexes and apartments.
Although the property was initially seized from an unnamed senior government official, Emefiele, through his lawyer, A.M. Kotoye, SAN, filed a motion claiming to be an interested party. He sought an extension of time to apply to set aside the forfeiture orders made on December 2 and December 24, 2024.
Emefiele argued that the forfeiture process was conducted without his knowledge. He alleged that the EFCC published the interim forfeiture notice “in an obscure section of a newspaper,” making it difficult for him to respond within the stipulated time.
He further explained that he was standing trial in three separate criminal cases across courts in Abuja and Lagos during the relevant period, which, he said, made it “practically impossible” for him to discover the publication promptly.
The estate, located at Plot 109, Cadastral Zone CO9, Lokogoma District, spans 150,462.84 square metres. It was previously recovered by the Economic and Financial Crimes Commission (EFCC) and forfeited to the Federal Government following interim and final orders issued by the court.
Accusing the EFCC of bad faith, Emefiele claimed that despite the commission’s frequent interactions with him over pending charges, it “deliberately concealed the forfeiture proceedings.”
In his ruling, however, Justice Onwuegbuzie rejected Emefiele’s arguments. The judge clarified that while the principle of functus officio the notion that a court becomes powerless after delivering a judgment was discussed, courts retain the authority to review decisions under certain conditions.
He emphasized that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs notice requirements for forfeiture proceedings. On the issue of alleged obscurity, the judge ruled that the notice published by the EFCC “could not reasonably be described as hidden,” noting that it occupied half a page in a national newspaper.
Justice Onwuegbuzie further stated that “only individuals who can show a recognizable interest in the forfeited property” are entitled to intervene, drawing an analogy to the principles governing joinder in civil litigation.
Concluding the matter, the judge held that Emefiele had been given “ample opportunity over 14 days to contest the forfeiture” but failed to act within the required time frame.