The Federal High Court in Lagos has ordered the definitive forfeiture of a warehouse built on a 1.925-hectare plot of land along the Lagos/Ibadan motorway in Magboro, Obafemi Owode Local Government Area, Ogun State.
In addition, the court ordered the permanent seizure of 54 general-purpose steel containers.
Justice Deinde Dipeolu issued the decision for the final forfeiture to the Federal Government of Nigeria after the Economic and Financial Crimes Commission (EFCC) applied for the forfeiture of the assets because no person or entity claimed them.
On November 28, EFCC counsel Rotimi Oyedepo (SAN) filed an application ex parte to seek asset forfeiture.
In documents presented to the court at the time, the commission argued that the assets were reasonably suspected to represent the profits of illegal activity and were linked to Godwin Emefiele, the former governor of the Central Bank of Nigeria.
Justice Dipeolu then ordered the assets’ interim forfeiture while directing the EFCC to publish the decision in a national newspaper, allowing any interested party to appear before the court and show cause why they should not be forfeited permanently.
However, at the resumed hearing on Thursday, Oyedepo informed the court that the commission had followed the court’s directions and that no one had come forward to claim the assets.
Oyedepo further claimed that the final forfeiture order was issued under Section 44(2)(B) of the Federal Republic of Nigeria’s 1999 Constitution (As Amended), Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006, and the court’s inherent authority.
The attorney additionally requested that the court issue “a final forfeiture order to the Federal Government of Nigeria, properties contained in Schedule A; a warehouse built on a landed property measuring 1.925 hectares, lying, being, and situate at Km 8, along Lagos-Ibadan Motorway, Magboro and 54 general purpose steel containers, which are reasonably suspected to have been acquired with proceeds of unlawful activities.”
After hearing from the anti-graft agency’s counsel and reviewing all of the documents produced in court with the authorities listed, Justice Dipeolu granted the requested relief and ordered the final confiscation of all assets.
Justice Dipeolu ruled that the application succeeded and was granted. A final forfeiture order is hereby made, forfeiting to the Federal Government of Nigeria the properties listed in Schedule A above that are reasonably suspected to have been obtained with proceeds from illegal acts.”
