Court Orders Final Forfeiture of 52 Houses in Lagos Over Alleged Proceeds of Unlawful Activities
Court Orders Final Forfeiture of 52 Houses in Lagos Over Suspected Proceeds of Unlawful Activities
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| Photo credit: Economic and financial crime commission (facebook) |
The Federal High Court sitting in Ikoyi, Lagos, has ordered the final forfeiture of 52 terrace and maisonette houses located in the Lekki area of Lagos to the Federal Government of Nigeria.
The landmark ruling, delivered by Justice Alexandra Owoeye, followed an application by the Economic and Financial Crimes Commission (EFCC), which argued that the properties were reasonably suspected to have been acquired through proceeds of unlawful activities. The judgment marks another significant victory for the anti-graft agency in its ongoing efforts to recover assets believed to be linked to financial crimes.
The forfeited properties comprise 52 terrace and maisonette units situated at Mercyville Estate, Covenant Way, off New Road, Ilasan, Lekki, Lagos. According to the EFCC, the properties were recovered from: Fielddreams Limited, Ifeanyi Nweke, Amex Savings and Loans Limited
The Commission maintained that investigations established reasonable grounds to believe the properties were proceeds of unlawful activities.
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| Photo credit: Economic and financial crime commission (facebook) |
As part of the interim order, the court directed the EFCC to publish the forfeiture notice in a national newspaper, inviting anyone with an interest in the properties to appear before the court and show cause why the assets should not be permanently forfeited to the Federal Government.
Following the publication of the court order, the respondents filed an affidavit opposing the final forfeiture. Initially, they claimed that the funds used to develop the 52 housing units were generated from the sale of another set of 29 terrace and maisonette houses, reportedly valued at ₦1.9 billion.
They argued that the proceeds from those sales financed the construction, furnishing, and interior decoration of the remaining housing units. However, during the proceedings, the respondents later changed their position, alleging that several of the houses had not even been completed by some of the applicants.
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| Photo credit: Economic and financial crime commission (facebook) |
Justice Owoeye noted that the respondents’ later claims contradicted their earlier affidavit, where they had stated that construction of the houses had already been completed in 2020 using proceeds from previous property sales. The judge held that the conflicting statements seriously undermined the credibility of the respondents’ evidence.
According to the court, it could not choose which version of the respondents’ evidence to believe. As a result, the court rejected the entire affidavit filed by the respondents in opposition to the EFCC’s application.
While arguing the application for final forfeiture, EFCC counsel Franklin Ofoma informed the court that the Commission had fully complied with all previous court directives, including the publication of the interim forfeiture order. He also relied on a 31-paragraph affidavit deposed to by Afolabi Seyi Oladele, a litigation officer in the EFCC’s Legal Department.
The Commission argued that the properties were reasonably suspected to be proceeds of unlawful activities and therefore qualified for permanent forfeiture under Nigerian law.
The EFCC further informed the court that the second respondent, Ifeanyi Nweke, remains a fugitive. According to the Commission, Nweke allegedly failed to appear before two different courts to answer criminal charges filed against him. The EFCC stated that: (a) Two separate warrants of arrest remain in force against him. (b) He allegedly jumped the administrative bail earlier granted by the Commission. (c) He has failed to appear in court despite being required to defend the criminal charges against him.
These submissions formed part of the Commission’s argument that the respondents failed to provide a satisfactory explanation regarding the ownership and funding of the properties.
After reviewing the evidence presented by both parties, Justice Owoeye ruled in favour of the EFCC. The court held that the Commission had successfully established reasonable grounds to suspect that the properties were proceeds of unlawful activities. The judge consequently granted the application for final forfeiture, ordering that all 52 terrace and maisonette houses be permanently forfeited to the Federal Government of Nigeria.
The ruling effectively ends the respondents’ legal claim to the properties unless overturned on appeal.
The judgment represents another major asset recovery by the EFCC as part of its anti-corruption campaign. Asset forfeiture proceedings are intended to prevent individuals from benefiting from assets believed to have been acquired through unlawful means while ensuring that such assets are recovered in accordance with the law.
The case also demonstrates the importance of consistency and credibility in court proceedings, as contradictory evidence may significantly weaken a party’s defence.
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The Federal High Court’s decision to order the final forfeiture of 52 luxury housing units in Lekki, Lagos, marks a significant development in Nigeria’s ongoing fight against corruption and financial crimes.
With the court accepting the EFCC’s argument that the properties were reasonably suspected to be proceeds of unlawful activities, ownership of the estate has now been transferred to the Federal Government.
The ruling further underscores the judiciary’s role in supporting lawful asset recovery while reinforcing the principle that property linked to criminal activity may be permanently forfeited following due legal process.
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