Kehinde Fajobi
The Federal High Court in Lagos on Friday declined to halt proceedings in the case filed by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of properties and funds linked to former Central Bank Governor Godwin Emefiele.
Emefiele’s lawyer, Olalekan Ojo (SAN), had requested the court to pause proceedings pending the outcome of an appeal filed at the Court of Appeal. The appeal challenges the temporary forfeiture order previously granted by the court.
However, Justice Deinde Dipeolu ruled that while parties have the right to appeal, such appeals must be based on a decision already made by the trial court. Since no ruling had yet been delivered on any application or the substantive issues, the appeal was premature. Justice Dipeolu dismissed Ojo’s application to stay the proceedings.
At a prior hearing, Ojo had argued that the court should delay the case to avoid “judicial rascality” while the appeal was being heard. But EFCC counsel, Rotimi Oyedepo (SAN), countered that no formal ruling had been made that would warrant an appeal. He stated, “My lord, how can the defendant rush to the Court of Appeal just because the court returned the case file for reassignment due to the annual vacation?”
Oyedepo insisted that Emefiele’s appeal was based on procedural actions rather than a final judgment. “The defendant just went to dump mere documents in the registry of the Appeal Court,” he said.
Justice Dipeolu ruled that the case would continue, with the next hearing set for October 11th.
The case involves an interim forfeiture order issued on August 15, 2024, which authorised the EFCC to temporarily seize $2.045 million, seven properties, and shares linked to Emefiele. The EFCC had argued that these assets were the suspected proceeds of unlawful activities.
The forfeited properties include:
- Two fully detached duplexes located at 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos.
- An undeveloped land measuring 1,919.592 square metres at Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi, Lagos, with Survey Plan No. DS/LS/340.
- A bungalow at 65a Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi, Lagos.
- A four-bedroom duplex located at 12a Probyn Road, Ikoyi, Lagos.
- An industrial complex under construction on 22 plots of land in Agbor, Delta State.
- Eight units of undetached apartments on a plot measuring 2,457.60 square metres at 8a Adekunle Lawal Road, Ikoyi, Lagos.
- A full duplex, along with all its appurtenances, on a plot of land measuring 2,217.87 square metres at 2a Bank Road, Ikoyi, Lagos.
Additionally, two share certificates of Queensdorf Global Fund Limited Trust belonging to Emefiele were also ordered to be forfeited.
Justice Akintayo Aluko, who issued the interim forfeiture order as the vacation judge, instructed the EFCC to publish a forfeiture notice in a national newspaper. This would allow any interested parties the opportunity to contest the final forfeiture within 14 days.
At the next court sitting, Ojo appeared for Emefiele, while another lawyer, Chibuzor Opara, represented the occupants of the property at 8a Adekunle Lawal Road, Ikoyi. Ojo also filed motions to stop further proceedings in the forfeiture suit.