A federal high court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to immediately release 27 properties earlier seized under an interim forfeiture order obtained by the anti-graft agency.
Joyce Abdulmalik, the presiding judge, gave the order while
delivering judgement in a suit marked FHC/ABJ/CS/348/2025, filed by the EFCC
The commission had secured an ex parte interim forfeiture
order on March 13, claiming the properties were acquired with proceeds of
unlawful activities.
After the order was published in the Punch newspaper on
April 4 as directed by the court, James Ikechukwu Okwete and his firm, Jamec
West African Limited, claimed ownership of 26 of the properties.
Adebukunola Iyabode Oladapo also declared interest in House
No. 12, Fandriana Close, Wuse 2, Abuja.
The trio filed affidavits to show cause and opposed the
EFCC’s application for a final forfeiture order.
In a judgement delivered on October 31, Abdulmalik upheld
their objections, dismissed the EFCC’s bid for final forfeiture, and vacated
the interim forfeiture order.
The judge ruled that the evidence presented supported the
owners’ claims.
“I firmly find that the property owner/respondent’s
(Okwete’s) affidavit to show cause has merit,” she held.
On Oladapo’s claim, the court noted that the EFCC raised no
objection.
“I hold in favour of the Adebukunola lyabode Oladapo being
person interested in House No: 12 Fandriana Close, Wuse 2, Abuja, FCT, that
since the learned senior counsel for the applicant (EFCC) has informed the
court that it has no objection to her affidavit to show cause, that her
affidavit filed to show cause stands substantiated in its entirety.”
The judge set aside the interim order and directed the EFCC
to hand over the properties without delay.
“Without more, I forthwith set aside and vacate in its
entirety the interim order of forfeiture granted on 13th March 2025…
Accordingly, I order the immediate release of the aforementioned properties/its
documents to the property owner/respondent and the House No: 12 Fandriana
Close… to Adebukunola Iyabode Oladapo, respectively.”
She added that the EFCC’s application for final forfeiture
had become “otiose”.
‘EFCC REFUSING TO OBEY COURT ORDER’
Despite the ruling, lawyers for Okwete and Jamec West Africa
Ltd say the EFCC has refused to comply.
In a November 27 letter addressed to the EFCC chairman,
Serekowei Larry, the lawyer, accused the commission of “blatantly disobeying”
the judgement.
“We write as counsel to Mr. James Okwete and his company
Jamec West Africa Ltd, the property owners,’ to formally apprise you of the
events that have followed this case since 31st October, 2025, when judgment was
given against you,” the letter reads.
Larry noted that the judgement was delivered in the presence
of EFCC’s legal team on October 31, noting that certified copies were served on
the commission on November 14.
He added that officials of the federal high court
enforcement unit visited the EFCC on November 26 to execute the judgement but
were not given the documents.
“In straight words, your office refused to do so, thereby
blatantly disobeying the said judgement, which in its penultimate paragraph
used the words ‘the immediate release’,” he wrote.
Larry warned that disobedience of court orders undermines
the rule of law.
“In any regime, talk less of a democracy, it will be the
height of it if judgments of court are blatantly disobeyed. We, however, want
to believe that you are not aware of what happened, hence this letter,” he
added.
He said the property owners expect “positive reactions
within a reasonable time before we take further steps”.
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