The Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission, EFCC, to lift all restrictions placed on ₦220 million and other properties linked to former Acting Accountant-General of the Federation, Chukwunyere Anamekwe Nwabuoku.
Justice Umar Mohammed delivered the ruling on Friday in a non-conviction forfeiture proceeding marked FHC/ABJ/177/2024, filed by the EFCC against Nwabuoku.
The ruling came weeks after Nwabuoku was separately convicted and sentenced by Justice James Omotosho of the Federal High Court in Abuja on a nine-count amended charge bordering on money laundering involving ₦868,465,000.
In the non-conviction forfeiture case, the EFCC had asked the court to grant final forfeiture of funds and properties allegedly linked to unlawful activities.
However, Justice Umar held that the burden was on the EFCC to prove that it was entitled to both interim and final forfeiture of the assets under the Advance Fee Fraud and Other Fraud Related Offences Act.
The judge noted that depositions filed by both the EFCC and Nwabuoku confirmed that a criminal case involving the same assets was already pending before Justice Omotosho.
“Now the question is, can this Court go ahead and finally forfeit to the Federal Republic of Nigeria properties that are the subject of a criminal trial, the proceedings of which have reached an advanced stage?” the judge asked.
Justice Umar held that justice would not be served if properties already forming part of an ongoing criminal trial were finally forfeited to the Federal Government at that stage.
He said the EFCC could return with a similar application after the conclusion of the criminal trial, since the assets sought to be forfeited formed part of the criminal charge.
“At this stage, this Court agrees with the submission of Nwabuoku that this suit amounts to an abuse of court process, and I so hold,” the judge ruled.
The court therefore upheld Nwabuoku’s preliminary objection and held that the EFCC’s application for final forfeiture of the properties listed in Schedules 1 and 2 amounted to an abuse of court process.
Justice Umar also vacated and discharged the interim forfeiture order earlier made on March 4, 2024, in respect of the affected properties.
The court further ordered the EFCC to immediately relinquish, lift or remove any control, embargo, limitation or restriction placed on Nwabuoku’s properties listed in the interim forfeiture order.
It also restrained the commission from taking any step inconsistent with Nwabuoku’s ownership or proprietary rights over the assets.
The EFCC had earlier told the court that Nwabuoku refunded ₦220 million into its recovery account on February 9, 2022, and voluntarily relinquished a five-bedroom duplex located at No. 20, City Gate Estate, Kukwaba, Abuja, alongside the house keys.
The commission had also sought interim forfeiture of funds in accounts linked to companies including Temeeo Synergy Concept Limited, Turge Global Investment Limited, Laptev Bridge Limited and Arafura Transnational Afro Ltd.
According to the EFCC, a total sum of ₦355 million was allegedly lodged by different individuals into M Davi Company Enterprises between November 2019 and September 2020 for Nwabuoku’s benefit.
The commission further alleged that Nwabuoku used ₦64 million to purchase the five-bedroom duplex and invested ₦160 million from the funds in securities and other investments.
Nwabuoku’s legal team, however, argued that the same assets were already captured in a criminal charge before Justice Omotosho, making the forfeiture suit an abuse of court process.
Justice Omotosho had earlier convicted and sentenced Nwabuoku in the EFCC’s criminal case and approved the final forfeiture of shares worth ₦1.9 billion, ₦288 million and a five-bedroom duplex linked to him.
Nwabuoku was appointed Acting Accountant-General of the Federation by former President Muhammadu Buhari on May 22, 2022, following the suspension of former AGF Ahmed Idris, who was then under EFCC investigation.
The post Court Orders EFCC To Release Restrictions On Ex-Acting AGF Nwabuoku’s ₦220m, Properties, Says Final Forfeiture Suit Is Abuse Of Process appeared first on TheNigeriaLawyer.
