Court vacates interim forfeiture order on Ekweremadu's assets

• Published date: 21 January 2023
• Publication title: Nigeria - The Nation

Says EFCC's application was filed in bad faith

HURIWA commends judiciary, knocks anti-graft agency

A Federal High Court in Abuja has vacated the interim forfeiture order it granted the Economic and Financial Crimes Commission (EFCC) on November 4 last year in relation to about 40 properties linked to former Deputy Senate President, Ike Ekweremadu, and his wife, Beatrice.

In a ruling yesterday, Justice Inyang Ekwo said he found that the ex-parte motion filed by the EFCC for the order was brought in bad faith.

Justice Ekwo noted that the EFCC failed to disclose material facts, including that the commission was fully aware that Ekweremadu was in custody in the United Kingdom, and failed to make the relevant information available to court.

The judge held that with Ekweremadu and his wife being held in London, there was no way it would have been possible for him to show cause, as ordered by the court, why the property should not be permanently forfeited to the Federal Government.

He added that despite admitting writing the Crown Prosecution Service in the UK, furnishing it with information about Ekweremadu, the EFCC still brought an application seeking an order for him and others to show cause why the assets should not be permanently forfeited.

Justice Ekwo said: 'I do not think that the desired objective of the Legislature, in enacting the provision of Section 17 of the Advance Fee Fraud and other related offences Act (2006), relied upon by the respondent (EFCC) in initiating the proceedings to obtain an ex-parte order of interim forfeiture, was for the provision to be used in any circumstance where the person affected is not in a position to defend himself or show cause as required.'

He rejected EFCC's argument that the court should order the permanent forfeiture of the assets because Ekweremadu and his wife failed to file application to show cause, as ordered by the court.

Justice Ekwo added: 'I do not think that this position is correct. The requirement to file affidavit to show cause pursuant to Section 17 of the 2006 will hold strong in a normal situation where the person required to do so is not fettered by any act, condition or situation that amounts to a deprivation of the right to show cause as required by law.

'In this case, the respondent (EFCC) wrote Exhibit SIE 2 (a letter) to the Crown Prosecution Service in the United Kingdom which letter was used as evidence to deny Senator Ike Ekweremadu bail in the criminal proceedings.

'At the same time, the...