Court of Appeal Affirms Forfeiture of Assets Linked to Retired Major General Emmanuel Atewe

The Court of Appeal, Lagos Division has upheld the judgment of the Federal High Court ordering the final forfeiture of multiple assets linked to retired Major General Emmanuel Atewe to the Federal Government.

Delivering a unanimous judgment virtually via Zoom, the panel led by Justice Boloukuromo Ugo dismissed Atewe’s appeal, holding that it lacked merit and affirming the decision of Justice C. Aneke of the Federal High Court delivered on May 5, 2023.

In its judgment, the Court of Appeal held that Section 123 of the Armed Forces Act (AFA) and the decision in General Jafaru Muhammed v. EFCC, relied upon by Atewe, were inapplicable to his case.

The court held that the provision applies only to serving military personnel. Since Atewe is retired, the section was inapplicable.

The precedent relied upon by Atewe was distinguished, as Jafaru was a serving officer while Atewe had admitted his retirement in his affidavit.

The appellate court emphasized that forfeiture proceedings are sui generis, directed against assets rather than the person of the appellant.

It found that Atewe failed to sufficiently show how he genuinely acquired the assets sought to be forfeited. Atewe’s explanation of “honoraria” was vague and unsupported by particulars or evidence linking such payments to the properties.

The court rejected the argument that pending criminal charges barred civil forfeiture, holding that both proceedings can run concurrently under Nigerian law.

Consequently, the Court of Appeal dismissed the appeal and affirmed the judgment of Justice Aneke forfeiting the assets to the Federal Government.

The forfeited assets include: ₦3.97 million in cash, Plot MF62 at the Outer Northern Expressway, Abuja, Plot No. 1228, Jahi, Abuja, Plots CP6386 and CP6387 at Sabon Lugbe East Extension Layout, Airport Road, Abuja, one-hectare parcels of land in Kuje District, a 50-hectare farmland at Gaube Farmland Extension II Layout, Kuje, a parcel of land at Commercial Layout, Yenagoa Gardens, Bayelsa State, 30,000 MTN Shares held by Stanbic IBTC Asset Management Limited, and Plot No. CP10, Sector Centre B Layout, Kuje, Abuja.

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