*Counsel Writes Works Minister Requesting Stay Of Further Action Pending Hearing Of Appeal
The letter urged the minister to refrain from taking further action on the property until the appeal was heard.
A former Central Bank of Nigeria governor, Godwin Emefiele, has approached the Court of Appeal in abuja, praying it to set aside a judgment granting the government full control of a substantial estate in abuja comprising 753 housing units.
The Economic and Financial Crimes Commission (EFCC) had earlier obtained a court order to seize the estate, situated in the Lokogoma district of Abuja.
The estate was originally linked and recovered from an unnamed former government official.
However, Emefiele, through his legal representative, A.M. Kotoye, filed a motion as an interested party in the suit. He contends that he ought to have been involved in the proceedings.
He is now seeking the appeal court’s reversal of the lower court’s ruling.
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In his contentions, Emefiele sought an extension of time to challenge the interim and final forfeiture orders issued by the court on december 2 and december 24, 2024, respectively.
Emefiele told the court that the forfeiture proceedings were carried out without his knowledge.
He alleged that the EFCC published the interim forfeiture notice in an obscure section of a newspaper, making it difficult for him to respond in a timely manner.
He also explained to the court that during the relevant period, he was standing trial in three separate criminal cases in courts in both Abuja and Lagos, which made it practically impossible for him to discover the publication.
Additionally, Emefiele accused the EFCC of deliberately concealing the forfeiture proceedings, despite their regular interactions with him concerning other pending charges.
The court in a judgement delivered by justice J. O Onwuegbuzie, dismissed emefiele’s motion stating that section 17(2) of the advance fee fraud and other fraud related offences Act, 2006, governs the notice requirements in forfeiture proceedings.
The court also held that Emefiele’s claim that the publication was obscure is not acceptable, noting that a half-page notice in a national newspaper could not reasonably be described as hidden.
Dissatisfied with the decision of the trial court, Emefiele in an appeal dated April 30, 2025, approached the appellate court through his counsel Kotoye seeking five reliefs.
The appeal, which names Emefiele as the appellant and the EFCC as the sole respondent, prayed the court for an order allowing the appeal. He also prayed for an order of the “honourable court setting aside the judgment of the lower court.
In the appeal, Emefiele predicated his argument on four grounds while he maintained that he was dissatisfied with the entire judgement.
Emefiele argued that both the interim and final order as well as the entire proceedings before the lower court are a nullity because everything was predicated on conjectures, hearsay and both of which are inadmissible.
The appellant added that “there is no law that was breached in the acquisition of those properties pursuant to which section 44(2)(b)of the 1999 constitution (as amended)and section 17(1)of the advance fee fraud and other related offences act could be activated.
“Both the interim and final forfeiture orders were therefore made in contravention of section 44(1)of the 1999 constitution (as amended)and are therefore a nullity”.
The appellant noted that throughout the grounds in support of the application he clearly showed his interest in both legal and equitable rights in the property in dispute.
Meanwhile, in a letter dated May 26, 2025 and addressed to the minister of the federal ministry of housing and urban development, A.O.M. Adebowale, co-counsel for the former apex bank chief, drew the minister’s attention to a pending appeal regarding the disputed property.
The letter urged the minister to refrain from taking further action on the property until the appeal was heard.
“We write to bring to your notice the pendency of our appeal at the court of appeal, abuja, following the judgment of the high court of the federal capital territory, sitting at apo, delivered by his lordship J.O. Onwuegbuize on April 28.
“We have become aware of the handing over of the properties, which are the subject matter of the pending appeal, to the ministry of works and housing through the honourable minister for works and housing. We are further aware that the said properties will soon be made available to the general public for purchase via auction.
“We served the notice of appeal to the legal department of the economic and financial crimes commission on May 2, 2025 and subsequently served a notice of injunction on 22 may 2025.”
“In light of the foregoing, we write to bring the pendency of our appeal to your notice and request that further actions on the subject matter of the appeal be stayed pending the hearing of the appeal.”
