Court dismisses Emefiele’s bid to reclaim forfeited 753 duplex estate

Embattled former CBN Governor, Godwin Emefiele, in court in Abuja on Thursday, March 7, 2024
The Federal Capital Territory High Court in Apo, Abuja, on Monday dismissed an application by former Central Bank of Nigeria Governor Godwin Emefiele, who sought to reclaim a vast estate in Abuja comprising 753 duplexes and apartments.

Located at Plot 109, Cadastral Zone CO9, Lokogoma District, Abuja, the estate spans 150,462.84 square meters and was originally seized from an unnamed former senior government official by the Economic and Financial Crimes Commission (EFCC). The EFCC subsequently sought both interim and final forfeiture orders for the property in favor of the Federal Government.

Emefiele, through his lawyer A.M. Kotoye (SAN), filed a motion as an interested party in the suit. He requested an extension of time to challenge the interim and final forfeiture orders issued by the court on December 2 and December 24, 2024, respectively. Emefiele claimed he was unaware of the forfeiture proceedings, alleging that the EFCC had published the interim forfeiture notice in a little-read section of a newspaper, hindering his ability to respond promptly. He also cited his ongoing trial in three separate criminal cases in Abuja and Lagos, which he argued made it difficult to discover the publication in time.

Additionally, Emefiele accused the EFCC of deliberately concealing the forfeiture proceedings, despite frequent interactions concerning other charges.

In his ruling, Justice Onwuegbuzie acknowledged the principle of functus officio (a court’s loss of jurisdiction after delivering a judgment) but stated the court retains the power to review its decisions in appropriate circumstances. The judge noted that Section 17(2) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, governs the notice requirements in forfeiture proceedings.

The court rejected Emefiele’s claim that the publication was obscure, asserting that a half-page notice in a national newspaper could not be reasonably considered hidden. The judge also emphasized that only individuals with a legitimate interest in the property are entitled to intervene in forfeiture proceedings.

Justice Onwuegbuzie concluded that Emefiele had been given ample opportunity—more than 14 days—to challenge the forfeiture but had failed to do so, and therefore dismissed his motion.