The Federal High Court sitting in Lagos State has adjourned till October 4, for further proceedings on the permanent forfeiture of the $2.045 million linked to former Central Bank of Nigeria (CBN) governor, Godwin Emefiele.
The Economic and Financial Crimes Commission (EFCC) had informed Justice Deinde Isaac Dipeolu of Federal High Court sitting in Lagos that no one has come forward to lay claims.
At the hearing on the permanent forfeiture of the $2.045 million linked to Emefiele, EFCC’s lawyer, Rotimi Oyedepo (SAN), also told the court that not even seven properties believed to be acquired by Emefiele through proxies has anybody also come forward to claim.
Justice Dipeolu had previously in Suit No: FHC/L/MISC/500/24 ordered the interim forfeiture of the sum and properties on August 15, 2024, and directed the EFCC to publish the order in a national newspaper, allowing anyone interested to show cause why the final order of forfeiture should not be made.
The court had directed EFCC to publish the interim forfeiture order in a national newspaper, which could be The Nation, Punch and the Guardian, to enable anyone 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.
At the resumed hearing, Olalekan Ojo (SAN) appeared for Emefiele, while C. Okpara represented parties seeking to join the suit.
The interested parties filed processes to stay proceedings and an affidavit to show cause why the final order of forfeiture should not be made.
But the EFCC opposed Okpara, saying that it had filed a counter affidavit to the motion asking the court to stay proceedings.
Oyedepo said: “In line with the spirit of Section 17 of the Advance Fee Fraud Act, we have filed a motion for final forfeiture.
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“In an order for interim forfeiture, it is well couched that whoever has an interest should file an application to show cause and not for a stay of proceedings.”
The senior lawyer prayed the court to refuse the “dangerous application to hear the motion for stay.” “As it were, there is $2.5 million recovered in the cause of investigation which nobody lay claim to.”
In his response, Mr Ojo countered the EFCC’s argument, stating: “At the last adjourned date 5th September, the court had slated this case for the hearing and determination of an application for stay.
“The court can’t reverse itself because the rule of consistency applies to both the court and counsels,” Ojo said.
After listening to the parties’ argument, Justice Dipeolu adjourned till October 4, for further proceedings.
