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COURT OF APPEAL NULLIFIES FINAL FORFEITURE ORDER ON EMEFIELE’S ASSETS

The Court of Appeal in Lagos has set aside the final forfeiture order issued on the assets of former Central Bank of Nigeria Governor, Godwin Emefiele, to the Federal Government. The appellate court, in a split decision of two-to-one delivered on April 9, 2025, ordered a retrial of the case at the lower court. The assets in question include two detached duplexes at No. 17B Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped plot measuring 1,919.592 square meters on Oyinkan Abayomi Drive, Ikoyi; a bungalow at No. 65A Oyinkan Abayomi Drive, Ikoyi; and a four-bedroom duplex at No. 12A Probyn Road, Ikoyi. Other assets include an industrial complex under construction on 22 plots in Agbor, Delta State; eight uncompleted apartment units on Adekunle Lawal Road, Ikoyi; a detached duplex on Bank Road, Ikoyi; shares in Queensdorf Global Fund Limited; and $2,045,000 in cash. The Economic and Financial Crimes Commission (EFCC) had claimed that these assets were proceeds of unlawful activities. However, Emefiele’s counsel, Olalekan Ojo (SAN), argued that his client could afford these properties with his legitimate earnings. According to Justice Abdulazeez Anka, “These funds are the legitimate earnings of the appellant as provided and the contention of the appellant as I do comprehend is that from his earnings from the days he was at Zenith Bank up to his career as CBN governor for 10 years in office, he can be able to afford the said properties in contention.” Justice Anka further explained that Emefiele’s severance package from Zenith Bank exceeded N1.75 billion, and his annual remuneration as CBN Governor was N350 million per annum, with additional quarterly reimbursements and estacodes amounting to over $6 million. Given these earnings, the court held that a proper trial with oral evidence was necessary to determine the legitimacy of the assets. While the court reversed the forfeiture of the properties, it upheld the final forfeiture of the $2,045,000, as Emefiele did not contest it. Justice Mohammed Mustapha concurred with Justice Anka’s judgment, emphasizing that there was no legal barrier to properties being acquired in trust for someone else. Justice Danlami Senchi dissented, arguing that the call for oral evidence was unnecessary and a waste of judicial time. He believed the trial court’s decision was correct given that the companies used to purchase the properties did not challenge the forfeiture. Emefiele has also been arraigned before an FCT High Court for unlawfully acquiring a 753-home estate in Abuja, which has been forfeited to the federal government. He was granted bail in the sum of N2 billion.

COURT ORDERS FINAL FORFEITURE OF $4.7M, N830M, AND PROPERTIES LINKED TO EMEFIELE

A Federal High Court in Lagos has ordered the final forfeiture of $4.7 million, N830 million, and multiple properties linked to Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN). Justice Yellim Bogoro granted the final forfeiture application of the Economic and Financial Crimes Commission (EFCC), represented by counsel Bilkisu Buhari-Bala. The funds, now forfeited to the federal government, were held in First Bank, Titan Bank, and Zenith Bank accounts managed by individuals and entities including Omoile Anita Joy, Deep Blue Energy Service Limited, Exactquote Bureau De Change Ltd, Lipam Investment Services Limited, Tatler Services Limited, Rosajul Global Resources Ltd, and TIL Communication Nigeria Ltd. Properties affected by the forfeiture include 94 units of an 11-floor building under construction at 2 Otunba Elegushi 2nd Avenue, Ikoyi, Lagos, and AM Plaza, an 11-floor office space on Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos. Other properties include Imore Industrial Park 1, Mitrewood and Tatler Warehouse, and two properties purchased from Chevron Nigeria, located in Lakes Estate, Lekki, Lagos. Justice Bogoro held that all these properties and funds are proceeds of unlawful activities which are bound to be forfeited to the Federal Government of Nigeria. “I find that the activities of the respondents here were unlawful. Why should they have a problem of dollars immediately Godwin Emefiele left CBN as a governor of the Bank and salary could not be paid?” Justice Bogoro stated. “I hold that they are not legitimate business activities. I hold that Anita Omoile is a close crony of the former CBN governor Godwin Emefiele who has been given undue influence to unlawfully sway dollars from CBN.” The EFCC had cited Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and Section 44(2)(b) of the Nigerian Constitution in its application, seeking an interim forfeiture on the grounds that the funds and properties were suspected to be proceeds of unlawful activities. Following the failure of the defendants or anyone else to prove that the funds legitimately belonged to them, the judge then made the interim order permanent.

EMEFIELE LOSES BID TO STOP TRIAL AS COURT AFFIRMS JURISDICTION

Godwin Emefiele, the former Governor of the Central Bank of Nigeria (CBN), suffered a setback yesterday as Justice Rahman Oshodi of the Ikeja Special Offences Court dismissed his application challenging the court’s jurisdiction to try him on charges of abuse of office. Emefiele is accused of misusing his position to the tune of $4.5 billion and N2.8 billion. In his ruling, Justice Oshodi held that the court has jurisdiction to try Emefiele on the charge, adding that the Economic and Financial Crimes Commission (EFCC) had established a territorial jurisdiction on counts eight to 26 with facts in the proof of evidence attached to the case file. However, the court struck out counts one to four of the charge, which bordered on abuse of office. Emefiele, who served as the CBN Governor from 2014 to 2023, has been embroiled in several controversies, including allegations of financial impropriety and abuse of office. He is currently facing multiple charges, including a 20-count amended charge bordering on conferment of corrupt advantages, conspiracy, criminal breach of trust, forgery, and obtaining by false pretences to the tune of $6,230,000. In July 2024, an Abuja court dismissed Emefiele’s application to travel to the UK for medical treatment, citing concerns that he might jump bail. With yesterday’s ruling, Emefiele’s bid to stop his trial has been rejected, paving the way for the continuation of his trial.