The Court of Appeal sitting in Lagos has affirmed the final forfeiture of N293.97 million, several properties and investment assets linked to a retired major-general, Emmanuel Atewe, to the Nigerian government.
Penpushing reports that Justice Boloukuromo Ugo in a unanimous judgement delivered on Wednesday, dismissed Atewe’s appeal against the judgement of the Federal High Court in Lagos, which had ordered the final forfeiture of the assets following an application by the Economic and Financial Crimes Commission (EFCC).
The appellate court upheld the judgement of a trial judge Chukwujekwu Aneke, holding that the appeal lacked merit, while the assets include N293.97 million, 30,000 MTN-linked units in Stanbic IBTC Asset Management Limited and several properties in Abuja and Bayelsa State.
Penpushing further reports that they include plots of land along the Outer Northern Expressway, Jahi, Sabon Lugbe, Kuje, Gaube Farmland Extension II Layout and Sector Centre B Layout, all in Abuja, as well as a commercial property in Yenagoa, Bayelsa State.
The Economic and Financial Crimes Commission (EFCC) stated that its investigation linked the assets to funds allegedly diverted from money released for the operations of the Joint Task Force, Operation Pulo Shield.
Penpushing further reports that the anti-crimes agency alleged that about N8.537 billion released to the task force was diverted through a network of companies and individuals acting as proxies.
The commission added that billions of naira were transferred to companies for services that were never rendered, while portions of the funds were later used to acquire assets allegedly linked to Atewe through companies associated with him.
Penpushing also reports that the case formed part of a wider fraud investigation involving the alleged diversion of funds meant for Operation Pulo Shield, which led to the prosecution of former Director-General of the Nigerian Maritime Administration and Safety Agency, Patrick Akpobolokemi, and others.
The agency specifically pointed out that N297 million traced to Cisco Nobots Limited was used in a property transaction in Port Harcourt, from which N290 million was later recovered by the commission.
Penpushing reports that the Federal High Court initially granted an interim forfeiture order over the assets, but later made the order final after finding that Atewe had failed to satisfactorily explain their legitimate source, and it was that decision that Atewe challenged before the Court of Appeal.
The retired general argued, among other things, that the forfeiture proceedings were incompetent because he was entitled to the protection provided under Section 123 of the Armed Forces Act.
Penpushing further reports that he equally argued that the proceedings should not have commenced while criminal charges against him were pending and that the Federal High Court lacked jurisdiction to entertain the EFCC’s application.
The Court of Appeal, however, rejected the arguments and on the protection under Section 123 of the Armed Forces Act, the court held that the provision did not apply to Atewe because he was a retired military officer when the forfeiture proceedings were instituted.
Penpushing also reports that the court noted that Atewe had admitted his retirement in an affidavit filed before the trial court and held that the statutory protection applied only to serving members of the Armed Forces.
The appellate court however, held that Atewe failed to sufficiently demonstrate how he legitimately acquired the assets, stressing that his explanations, which referred to honoraria, did not establish a lawful source for the assets.
Penpushing reports that the court f rejected his argument that the forfeiture proceedings amounted to an abuse of court process because they were instituted while his money laundering trial was pending.
The court stated that the commencement of civil forfeiture proceedings during the pendency of criminal proceedings did not, in itself, constitute an abuse of judicial process, and consequently dismissed the appeal and affirmed the lower court’s order for the final forfeiture of the assets to the Nigerian Government.
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