Court Orders Final Forfeiture Of Assets Recovered From Ex-JTF Commander

Justice Chukwujekwu Aneke of the Federal High Court in Lagos has ordered the final forfeiture of the sum of six parcels of land, N293 million, and 30,000 units of MTN shares recovered from  a former Commander of the Military Joint Task Force (MJTF), Operation Pulo Shield, in the Niger Delta, retired Major General Emmanuel Atewe.

Justice Aneke, made the order for the permanent forfeiture of the assets to the Federal Government after entertaining an application to that effect filed by the Economic and Financial Crimes Commission (EFCC).

The counsel EFCC counsel, Rotimi Oyedepo (SAN), had urged the judge to seize the assets without conviction under Section 17 of the Advance Fee Fraud Act 2006 and Section 44 (2b) of the 1999 Constitution of Nigeria (as amended).

The EFCC had arraigned Atewe alongside a former Director General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, Kime Engozu and Josephine Otuaga before the court over allegations of conspiracy and fraud.

The anti-graft agency had accused the defendants of conspiring to divert the sum of N8.5 billion from the military Operation Pulo Shield in the Niger Delta.

In March 2020, Justice Mohammed Liman, who was at the time sitting at the Lagos Division of the Court, ordered the interim forfeiture of the assets following an ex-parte application moved by Oyedepo.

The lawyer had claimed that the assets sought to be forfeited formed part of the proceeds of N8.5 billion, which Atewe allegedly diverted from the military operation between September 5, 2014, and May 20, 2015.

The landed properties were identified as 50 hectares of farmland at Plot No. FL746B Gaube Farmland Extension II Layout, Kuje, Abuja; a piece of land located at Commercial Layout, Yenagoa Gardens, Bayelsa State; one hectare of Kuje District, Abuja; Plot No. CP10, Sector Centre B Layout, Kuje, Abuja; Plot MF62 Outer Northern Expressway Cadastral Zone, Abuja; Plot No. 1228 Jahi, Abuja; four hectares of land designated as Plot No. CP6386 and Plot No. , Sabon Lugbe, Abuja.

An investigating officer of the EFCC, Adamu Yusuf, said Atewe purchased the 30,000 units of MTN shares for N170,350,000.

Oyedepo had argued that it would be in the interest of justice for the court to order the temporary forfeiture of the assets.

After listening to him, Justice Liman granted the prayers and ordered the temporary forfeiture order to be published in a national newspaper.

The judge adjourned for anyone interested in the assets to appear before him to show reasons why they should not be permanently forfeited to the Federal Government.