By Pelumi Olajengbesi, Esq.
That a single individual—a public officer entrusted with fiduciary responsibilities—could engage in such egregious financial misconduct in a country where millions still grapple with abject poverty is both astounding and unacceptable. This is, indeed, a case of unimaginable recklessness. This is massive in Egunegun’s voice.
This is unbelievable, unacceptable. This is crazy. This is massive in Egungun’s voice.
The landmark ruling of the Federal Capital Territory High Court affirming the final forfeiture of a sprawling 150,500 square-meter estate, comprising 753 duplexes and apartments in Abuja’s Lokogoma District, marks a watershed moment in Nigeria’s ongoing battle against corruption. This unprecedented recovery—being the largest ever achieved by the Economic and Financial Crimes Commission (EFCC) since its establishment in 2003—epitomizes the Commission’s unwavering resolve to combat economic and financial crimes.
The judgment, meticulously delivered by the distinguished Justice Jude Onwuegbuzie on December 2, 2024, is a significant affirmation of the integrity of Nigeria’s legal architecture governing civil forfeiture. Invoking Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14 of 2006 and Section 44(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria, the EFCC successfully demonstrated that the property in question was procured through illicit means. The respondent’s failure to substantiate any legitimate source of acquisition rendered the forfeiture order both inevitable and necessary, thereby reinforcing the principle that proceeds of unlawful activity are liable to seizure in the interest of justice.
I have studied the court processes culminating into the final forfeiture and make bold to state legal milestone underscores the EFCC’s strategic shift under the astute leadership of its Executive Chairman, Mr. Ola Olukoyede. This is great and massive must be sustained.
The prosecutorial ingenuity of Rotimi Oyedepo (SAN) and the entire EFCC legal team stands as a testament to the high level of prosecutorial expertise required to unravel intricate financial crimes involving high-ranking officials. This case, in particular, exemplifies the critical role of asset tracing, a fundamental pillar enshrined in Part 2, Section 7 of the EFCC Establishment Act, which mandates the Commission to investigate and attach assets suspected to be the proceeds of crime.
Beyond its magnitude, the recovery of this estate sends an unequivocal message: the era of unchecked impunity is drawing to a close. By swiftly depriving corrupt actors of the financial leverage they often deploy to manipulate judicial processes, the EFCC has fortified the integrity of Nigeria’s anti-corruption apparatus. The estate, located on Plot 109, Cadastral Zone C09, has been linked to the former Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, and a network of associates allegedly involved in a complex scheme of illicit enrichment through kickbacks and foreign exchange manipulations.
The meticulous investigation revealed that the former CBN Governor negotiated unlawful commissions from contractors and secured kickbacks in exchange for preferential access to foreign exchange allocations. This sophisticated scheme of economic sabotage underscores the necessity of robust civil forfeiture mechanisms, which allow the state to seize assets without the burden of securing criminal convictions—especially when offenders exploit their positions to obstruct justice.
The success of the EFCC in this matter signifies an evolution in the jurisprudence of asset recovery in Nigeria, highlighting civil forfeiture as a potent legal tool in the fight against corruption. Unlike criminal forfeiture, which predicates asset seizure on a conviction, civil forfeiture empowers the state to confiscate assets where a prima facie case of illegitimate acquisition has been established. This mechanism is particularly effective in addressing instances where perpetrators leverage bureaucratic and political influence to evade prosecution.
As a legal practitioner deeply committed to the advancement of good governance, I find this achievement by the EFCC profoundly commendable. It exemplifies the transformative potential of a strategically focused anti-corruption agency that prioritizes not only convictions but also the dismantling of financial empires built on the edifice of corruption. Under the stewardship of Mr. Olukoyede, the EFCC has demonstrated that it is possible to strike at the very heart of corruption by neutralizing its economic underpinnings.
This forfeiture aligns seamlessly with the anti-corruption mandate of the administration of President Bola Ahmed Tinubu, which emphasizes transparency, accountability, and adherence to the rule of law as the cornerstones of governance. The importance of sustaining this momentum cannot be overstated. It requires the continued support of the judiciary, civil society, and legal practitioners who must remain vigilant in safeguarding the rule of law.
In conclusion, I extend my highest commendation to the EFCC’s leadership, legal team, and investigative officers for their exemplary dedication to the pursuit of justice. This landmark forfeiture serves as a beacon of hope for a nation striving to extricate itself from the grip of systemic corruption. It is a testament to the fact that, with legal diligence and unwavering resolve, the rule of law will ultimately prevail over impunity.
Let this success serve as a clarion call to all stakeholders—legal professionals, public officials, and citizens alike—to remain resolute in the collective effort to build a Nigeria where public service is synonymous with integrity and accountability. In such a nation, the proceeds of corruption will be relentlessly pursued, recovered, and returned to their rightful owners—the Nigerian people.
The EFCC’s triumph in this matter is a reminder that justice, though sometimes delayed, is never denied to those who remain steadfast in its pursuit. With continued vigilance and cooperation across all sectors, Nigeria can indeed emerge as a bastion of justice, transparency, and good governance.
Pelumi Olajengbesi Esq., is a Legal Practitioner and the Managing Partner at Law Corridor.
