Court orders forfeiture of $2m, properties linked to Emefiele

Court orders forfeiture of $2m, properties linked to Emefiele

Justice Akintayo Aluko of a Lagos Federal High Court, has ordered interim forfeiture of cash sum of $2, 045, million USD, linked to the embattled former governor of the Central Bank of Nigeria, Mr. Godwin Ifeanyi Emefiele.

The judge also ordered interim forfeiture of the seven landed properties linked to the suspended CBN Governor.

The lands are listed as follows: “two fully detached duplex of identical structures, lying being and situate at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped/bare land, measuring 1919.592sqm with Survey Plan No. DS/LS/340 LYING, being and situate at Oyinkan Abayomi Drive (Formerly Queens Drive), Ikoyi, Lagos; a bungalow lying, being and situate at No. 65a Oyinkan Abayomi Drive, (Formerly Queens Drive), Ikoyi, Lagos; four bedroom duplex lying, being and situate at 12a Probyn Road, Ikoyi; Industrial complex under construction on a 22-plot of land, lying, being and situate in Agbor, Delta State; 8 units of undetached apartment on a plot measuring 2457.60sqm OF lying, being and situate at No. 8a Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land measuring 2217.87sqm lying, being and situate at 2a Bank Road, Ikoyi, Lagos.

Justice Aluko further ordered the interim forfeiture of 2 shares shares certificates of Queensdorf Global Fund Limited trust.

The judge made the interim forfeiture orders after taken application for the orders in a suit marked FHC/L/MISC/500/24, which was filed moved and moved by the Economic and Financial Crimes Commission (EFCC) lawyer, Mr. Rotimi Oyedepo (SAN), who led Chineye C. Okezie and Zeenat Atiku Bala.

The EFCC lawyer,  in urging the court, said the money and others items sought to be forfeited are reasonably suspected to be proceeds of unlawful activities.

Oyedepo also added that the orders sought for are pursuant to Section 17 of the advance fee fraud and Other Fraud Related Offences Act No. 14, 2006, Section 44 (2)(B) of the 1999 Constitution of the Federal Republic of Nigeria and the court’s inherent jurisdiction.

Oyedepo (SAN) also informed the court that the motion ex parte is supported with an affidavit deposed to by one Idi Musa, an Investigator attached to the Lagos office of the EFCC.

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Parts of the deponent’s averments in the affidavit reads: “that I am one of the operatives of the Economic and Financial Crimes Commission assigned to investigate the damning intelligence report received by the Economic And Financial Crimes Commission in respect of monumental fraudulent activities perpetrated by some senior officers of the Central Bank of Nigeria through which huge sums of money were fraudulently converted and transferred for personal use.

“That the Commission whilst investigating the alleged monumental fraud carried out by the immediate past Governor of the Central Bank of Nigeria (CBN) and his Cronies traced and discovered several properties reasonably suspected to have been acquired and or developed with proceeds of unlawful activities.

“That the said properties particularized in Schedules ‘A’ and ‘B’ herein, having been reasonably suspected to have been acquired/ developed with proceeds of unlawful activities are now sought to be forfeited to the federal Government of Nigeria in the interim.

“That in the cause of this investigation, it was revealed that the erstwhile CBN governor negotiates kickbacks in return for allocation of Foreign Exchange to some companies who were in desperate need of foreign exchange for their lawful and legitimate businesses.

“That most of the proceeds of Godwin Emefiele’s illegal activities were invested in the acquisition of various properties now sought to be forfeited to the Federal Government of Nigeria. And that the properties now sought to be forfeited were not acquired with proceeds of any legitimate earnings rather from funds reasonably suspected to have been derived from proceeds of unlawful activities.

“That from findings of our investigation, I also know as a fact and verily believe that the properties sought to be forfeited were acquired in the name of cooperate entities with a view to concealing the unlawful origin of the funds used for their acquisition. And that the title document in respect of the properties listed in schedule A herein were recovered by the team in the course of this investigation.

Justice Aluko after listening to Oyedepo submission, reading through all the processes filed and the plethora of legal authorities cited, granted the interim forfeiture of the money, the share certificates and the landed properties.

The judge also directed the EFCC to publish the interim forfeiture order in a national newspaper to enable any anyone who is interested in the properties to appear before the Court and show cause within 14 days, why the final order of forfeiture of the said properties should not be made in favour of the Federal Government of Nigeria.

Further hearing of the matter was adjourned to September 5.