The Economic and Financial Crimes Commission (EFCC) has dragged five Nigerians to court for allegedly tampering with and forcibly accessing a forfeited property in Lagos, sparking fresh questions about enforcement and compliance with court orders in Nigeria.
The defendants, Benjamin Okoye, Moughalu David Arinze, Okey Okeke, Ekene Mgbeokwere, and Eboh Thaddeus, were arraigned on Tuesday before Justice A.O. Owoeye at the Federal High Court in Ikoyi. They face charges alongside one Ilongwo Angela, who is reportedly at large.
At the heart of the case is a property located at Plot 165C, Block 12, Ajayi Street, Diamond Estate, Amuwo Odofin, Lagos. The property had been placed under an interim forfeiture order issued in October 2017 by the Lagos State High Court. The EFCC accuses the defendants of violating this order by occupying the premises unlawfully.
Allegations of Tampering
The charge sheet paints a picture of brazen defiance. It reads:
“That you, Ilongwo Angela (now at large), Benjamin Okoye, Moughalu David Arinze, Okey Okeke, Ekene Mgbeokwere, Eboh Thaddeus, sometime in July 2024 in Lagos State, within the jurisdiction of this Honourable Court, without due authorization dealt with the property of Obinna Ezenwaka… subject to interim forfeiture to the Federal Government of Nigeria, and you thereby committed an offence contrary to and punishable under Section 32(1) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.”
Prosecution counsel Hannatu U. KofarNaisa informed the court of the EFCC’s readiness to proceed with the trial. She presented Abubakar Mohammed, an EFCC operative and custodian of forfeited assets, as the first witness.
According to Mohammed, the EFCC discovered the defendants unlawfully occupying the property during a routine inspection on July 22, 2024.
“When I arrived at the property, I informed the occupants that it was under an interim forfeiture order. Despite this, they broke the padlock and returned,” Mohammed testified.
He added that the defendants’ actions directly contravened the order, leading to their subsequent arrest.
Defense Seeks Bail
The defendants, however, pleaded not guilty. Their legal representatives, led by M.C. Odo and N. Chukwuemeka, argued for bail, citing the defendants’ prolonged detention.
“Justice delayed is justice denied,” Odo argued. “These individuals have been in custody for too long. Bail is their constitutional right, and they are ready to face trial.”
The prosecution countered, claiming they had not received any formal bail applications from the defense. Justice Owoeye adjourned the case to January 24, 2025, to rule on the bail request.
Evidence Mounts
The EFCC presented key documents to the court, including the interim forfeiture order dated October 6, 2017, which was admitted as Exhibit A. Mohammed testified that the property is also subject to a final forfeiture order issued by the Lagos State High Court.
“This property has a history of being used in fraudulent activities. Its forfeiture was a necessary step to uphold justice,” Mohammed stated.
Justice Owoeye set February 14, 2025, as the date for the continuation of the trial.
Background: Forfeiture Laws in Nigeria
This case brings renewed attention to Nigeria’s forfeiture laws, which empower the EFCC to seize assets believed to have been acquired through illicit means. Such properties are often placed under interim orders pending final court rulings.
While forfeiture is an important tool in Nigeria’s fight against corruption, enforcement challenges persist. Cases like this, involving alleged breaches of court orders, underscore the difficulties authorities face in maintaining control over seized assets.
