Justice Chukwujekwu Aneke of the Federal High Court in Lagos has lifted the interim forfeiture order placed on some assets linked to former Nigerian Maritime Administration and Safety Agency (NIMASA) Dr Patrick Akpobolokemi.
Justice Aneke ordered the temporary forfeiture of the property lying and situated at Plot No J37A Close, 2nd Avenue, Banana Island, Ikoyi, Lagos, and N725,345,897.77 on April 3, 2023.
The judge had granted the order after entertaining an ex-parte application brought before him by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of the assets to the federal government.
The EFCC claimed that the properties belonged to a Real Estate firm, Boloboloere Properties & Estates Limited, while the money, N72545 897.77 million, belonged to another company, Onyeinteke Global Network.
In granting the orders for interim forfeiture of the property and the money, the court ruled, “that an order of this honourable court is at this moment given to the applicant forfeiting in the Interim to the Federal Government of Nigeria, the property lying, being and situate at Plot No J37A Close, 2nd Avenue, Banana Island, Ikoyi, Lagos, which property is reasonably suspected to have been acquired with proceeds of unlawful activity.
“That an order of this honourable court is at this moment granted to the applicant forfeiting in the Interim to the Federal Government of Nigeria, the total sum of N725,345,897.77, which sum is reasonably suspected to be proceeds of unlawful activities and warehoused in the account of Onyeinteke Global Network domiciled in the UBA PLC and bearing Account No:1018325345”.
However, the two firms, Boloboloere Properties & Estates Limited and Onyeinteke Global Network Limited, through their lawyer, Abdulakeem Labi-Lawal, challenged the order through a motion on notice dated April 11, 2023, wherein he prayed the court to set aside the interim forfeiture.
Labi-Lawal predicated his arguments on the EFCC’s concealment of the material fact that Boloboloere had been discharged on all counts bordering on allegations of money laundering brought against it in Charge No: FHC/L/31C/2015: the Federal Republic of Nigeria vs Dr Parick Ziadeke Apobolokemi and 10 Others.
The lawyer argued that the EFCC has failed to show or demonstrate how the Boloboloere’s property was purchased from proceeds of unlawful activities.
He also urged the court for the following order: “an order setting aside and discharging the Interim Orders of this Honourable Court made on the 3rd of April, 2023, forfeiting in the interim to the Federal Government of Nigeria, the property lying and situated at Piot J, 37B Close, 2nd Avenue, Banana Island, lkoyi, Lagos.
“An order of this Honourable Court restraining the respondent (EFCC), whether acting by itself or through its agents, from advertising the order of interim forfeiture made by this Honourable Court in this suit on the 3rd of April, 2023, pending the hearing and determination of this Motion on Notice filed in this proceeding.”
He stated that sometime in 2015, the Federal Government of Nigeria, through the Respondent (EFCC), commenced Charge No: FHC/L/31C/2015: Federal Republic of Nigeria vs Patrick Ziadeke Akpobolokemi & 10 Ors., wherein the Applicant was named as the 8th defendant, before the court.
He said, “After four years of trial in Charge No: FHC/L/31C/2015, this Honourable Court, in a considered ruling on the no case submission filed by the applicant, found that the respondent has failed to prove any of the allegations of fraud against the applicant and consequently discharged it of all criminal liabilities about the offences contained in the said Charge, which are also the same allegations made against the Applicant in the respondent’s motion ex-parte in these proceedings.
“Notwithstanding the respondent’s full knowledge of the discharge of the applicant from all criminal liabilities in Charge No: FHC/L/31C/2015, the respondent (EFCC) deliberately and to mislead this Honourable Court failed and refused to disclose the existence of the decision in Charge No: FHC/L/31C/2015 to this Honourable Court.
“The decision in Charge No: FHC/L/31C/2015 is a final decision binding on the Respondent. And no new fact(s) has occurred since the discharge of the Applicant in Charge No: FHC/L/31C/2015 to warrant the respondent’s application for interim forfeiture and the grant of same on the Applicant’s property.
“The Interim Forfeiture Order obtained by the Respondent in this proceeding was obtained on misrepresentation, suppression and concealment of material facts and ought to be discharged immediately.
“The advertisement of the Order of Interim Forfeiture by the Respondent or its agents will render any order this Honourable Court might make with respect to this Motion on Notice nugatory and impose a fait accompli on this Honourable Court.”
In his ruling, Justice Aneke agreed with the arguments canvassed by Boloboloere’s lawyer and set aside its earlier orders of Interim Forfeiture.
The judge also dismissed EFCC’s motion on notice for a final forfeiture order.
