By IN a significant ruling, the Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to immediately hand back 27 properties, declaring the agency’s seizure of them unlawful.
Justice Joyce Abdulmalik delivered the judgement on 31st October, labelling the EFCC’s application for a final forfeiture order as “otiose” (serving no useful purpose) and vacating the interim order it had previously obtained.
The case originated from an interim forfeiture order granted to the EFCC on 13th March. Following the mandatory publication of the order, claimants James Ikechukwu Okwete, his firm Jamec West African Limited, and Adebukunola Iyabode Oladapo came forward to assert ownership of the 26 and one properties respectively.
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Justice Abdulmalik ruled that the claimants had successfully demonstrated legitimate ownership through their affidavits. Notably, the court pointed out that the EFCC did not even contest Ms. Oladapo’s claim to the property on Fandriana Close in Wuse 2.
The judge consequently directed the EFCC to “immediately release” all 27 properties and their title documents to the rightful owners.
Despite the clear ruling, the EFCC is now facing allegations of refusing to comply.
In a petition to the EFCC Chairman dated 27th November, Serekowei Larry, SAN, counsel for Mr Okwete and his company, accused the commission of “blatantly disobeying” the judgement. He stated that officials from the Federal High Court Enforcement Unit were rebuffed when they attempted to ensure the order was carried out on 26th November.
“In any regime, talk less of a democracy, it will be the height of it if judgments of the court are blatantly disobeyed,” the senior advocate’s letter reads.
The petition urges the EFCC Chairman to take immediate action to comply with the ruling, warning of further steps if the situation is not resolved. The EFCC has yet to issue a public statement regarding the allegations of non-compliance.
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