The former Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, has suffered a setback in his legal battle to reclaim a vast estate in Abuja. On Monday, Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court in Apo, Abuja, dismissed Emefiele’s application to reverse the forfeiture of the estate located at Plot 109, Cadastral Zone CO9, Lokogoma District.
The property, which spans a huge 150,462.84 square meters and comprises 753 duplexes and apartments, was initially seized by the Economic and Financial Crimes Commission (EFCC) after a court order. The EFCC had secured both interim and final forfeiture orders, transferring the ownership of the estate to the Federal Government.
The estate had previously been confiscated from an unnamed senior government official, but it came into the spotlight when Emefiele, through his lawyer A.M. Kotoye, SAN, filed a motion as an “interested party,” seeking to regain control of the property. In his application, Emefiele contended that he had a right to challenge the forfeiture order, as he was somehow connected to the estate.
Emefiele argued that the entire process of forfeiture had taken place without his knowledge, leaving him no chance to contest it. He claimed that the EFCC had published the notice of the interim forfeiture in a less prominent section of a national newspaper, which made it difficult for him to become aware of the action in time. Emefiele further explained that during the time the notice was published, he was facing trial in three separate criminal cases in Abuja and Lagos. He argued that his legal and personal circumstances made it impossible for him to see the notice or take appropriate action.
He also accused the EFCC of deliberately hiding the forfeiture process from him, despite ongoing communications between the commission and him regarding other pending charges.
Justice Onwuegbuzie, however, rejected Emefiele’s claims, stating that the application lacked merit. The judge emphasized that the court retains the authority to review its decisions in certain cases but also stressed that the notice of forfeiture had been published in a national newspaper and could not be considered “obscure” as Emefiele had claimed.
In his ruling, Justice Onwuegbuzie pointed out that the EFCC had given Emefiele ample time to contest the forfeiture order. The court noted that the publication of the interim forfeiture notice had appeared for a sufficient period, lasting over 14 days, which gave Emefiele an opportunity to respond. The judge further stated that the legal principles of “functus officio,” which suggests that a court cannot alter its decision once judgment is delivered, did not apply in this situation, as the court could still review decisions under specific conditions.
The court also made it clear that only individuals who can show a recognizable interest in the property are entitled to intervene in forfeiture proceedings. According to the judge, Emefiele did not sufficiently demonstrate a legitimate interest in the estate, which made his intervention inappropriate.
This ruling marks a significant point in Emefiele’s ongoing legal challenges. The dismissal of his application to reclaim the Abuja estate further complicates his position in a series of cases involving financial crimes and other allegations against him. The EFCC has consistently been at the forefront of investigations into Emefiele’s tenure as the CBN governor, which was marked by scrutiny over alleged corruption and financial mismanagement.
For Emefiele, the dismissal of his application is a blow in his efforts to regain control of the property, but it is likely to be only one part of his wider legal battles. He still faces multiple charges in various courts, and the outcome of those cases will likely play a critical role in determining his future.
With this latest legal defeat, many are now questioning what Emefiele’s next move will be. His lawyer, A.M. Kotoye, SAN, may choose to explore other legal options, including filing an appeal, though this process could take several months. Emefiele’s legal team has already made it clear that they believe the forfeiture proceedings were handled improperly, and they may continue to challenge the EFCC’s actions.
