Femi Ashekun/
A Federal High Court in Lagos has ordered the final forfeiture of 52 terrace and maisonette houses in the Lekki area of the state to the Federal Government after ruling that the properties were reasonably suspected to be proceeds of unlawful activities.
Justice Alexandra Owoeye delivered the ruling at the Federal High Court, Ikoyi, on Wednesday, bringing to a close forfeiture proceedings initiated by the Economic and Financial Crimes Commission (EFCC) against the properties located at Mercyville Estate, Covenant Way, off New Road, Ilasan, Lekki.
The houses were recovered from Fielddreams Limited, Ifeanyi Nweke and Amex Savings and Loans Limited.
The final forfeiture order followed a Motion on Notice filed by the EFCC through its counsel, Franklin Ofoma, who argued that the Commission had complied with all legal requirements for the permanent forfeiture of the properties.
Addressing the court, Ofoma said the EFCC had fully complied with an earlier order directing it to publish the interim forfeiture in a national newspaper to enable any interested parties to contest the application.
He further told the court that the Commission’s application was supported by a 31-paragraph affidavit sworn by Afolabi Seyi Oladele, a litigation officer in the EFCC’s Legal Department.
According to Ofoma, the properties were “reasonably suspected to be proceeds of unlawful activities”, urging the court to grant the application for final forfeiture.
The EFCC also alleged that the second respondent, Ifeanyi Nweke, was evading prosecution.
Ofoma submitted that Nweke was “a criminal fugitive” who “has refused to appear before Justice R.A. Oshodi and Justice Okunuga in Charge No. ID/25771C/2025 and Charge No. ID/25769C/2025 for his arraignment and to defend the charges if he believes that he did not commit any of the offences contained in the charges against him.”
He further informed the court that there were two subsisting warrants of arrest against Nweke and alleged that he had jumped the administrative bail earlier granted to him by the EFCC during the investigation.
The respondents opposed the forfeiture and filed an affidavit to show cause why the properties should not be permanently forfeited.
In their affidavit, they initially stated that the funds used to develop the 52 housing units were generated from the sale of part of the estate, specifically 29 terrace and maisonette units valued at ₦1.9 billion.
However, the court noted that the respondents later adopted a different position, alleging that the third to nineteenth applicants had failed to complete the various housing units.
Justice Owoeye held that the latter position directly contradicted their earlier affidavit evidence, in which they had maintained that proceeds from the sale of the 29 units were used to complete the furnishing and interior decoration of the remaining properties and that construction had been completed in 2020.
Delivering judgment, the judge said: “Premised on the foregoing position of the law, I hold that since this court cannot pick and choose which of the evidence given by Respondents to believe, it must consequently reject the entire affidavit evidence placed before it by the 1st-3rd Respondents.”
The judge continued: “Accordingly, I reject the 1st-3rd Respondents’ Affidavit to Show Cause/Counter-Affidavit to the Applicant/Respondent’s Motion on Notice for Final Forfeiture filed on the 9th of February, 2026, but deemed properly filed on the 28th of April, 2026.”
Justice Owoeye said the effect of rejecting the affidavit was that there was no valid opposition to the EFCC’s application.
“The consequence is that there is no opposition to the Motion filed by the 1st and 2nd Applicants for the grant of an order of final forfeiture,” the judge held.
The court further ruled that the EFCC had established sufficient grounds to justify the forfeiture.
“Premised on the foregoing, I find that having demonstrated grounds for reasonable suspicion that the properties in question are the proceeds of unlawful activities, the applicants are entitled to the reliefs sought in this application. I therefore resolve the sole issue in this application in favour of the Applicants.”
In the concluding part of the judgment, Justice Owoeye said: “Having resolved the sole issue in this application in favour of the applicants, I hold that this application has merit and ought to be granted. Accordingly, I grant the relief sought in this application as prayed.”
The forfeiture proceedings began on August 14, 2024, when the EFCC secured an interim forfeiture order from Justice Akintayo Aluko following an ex parte application filed by the Commission through Franklin Ofoma.
Justice Aluko subsequently directed the EFCC to publish the interim forfeiture order in a national newspaper, inviting any person claiming 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, the respondents filed their affidavit opposing the application, leading to the hearing that culminated in Wednesday’s judgment.
The proceedings formed part of the EFCC’s civil asset recovery efforts, which allow the Commission to seek the forfeiture of assets it alleges are linked to unlawful activities, subject to judicial determination.
The final forfeiture order concerns the ownership of the properties and is separate from any pending criminal proceedings referred to by the EFCC during the hearing.
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