The Federal High Court in Abuja on Friday ordered the EFCC to lift restrictions on N220 million and properties belonging to former Acting Accountant General Chukwunyere Nwabuoku, Justice Umar Mohammed delivered the ruling in a non-conviction forfeiture case.
The judge ruled that the EFCC’s application for final forfeiture constituted an abuse of court process because the same assets are already subject to a separate criminal trial where Nwabuoku has been convicted. He said justice required the interim forfeiture to be discharged.
Justice Umar vacated the interim forfeiture order of March 4, 2024, covering the assets in Schedules 1 and 2. He directed the EFCC to immediately remove all control, embargoes, or restrictions and to respect Nwabuoku’s proprietary rights over the properties.
Before the court dispute, Nwabuoku had refunded N220 million to the EFCC recovery account on February 9, 2022, and voluntarily handed over a five-bedroom duplex at City Gate Estate, Kukwaba, Abuja. The commission suspected the funds were proceeds of unlawful activities and had obtained the interim forfeiture.
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The EFCC alleged that N355 million was deposited into M Davi Company Enterprises by various individuals for Nwabuoku’s benefit between November 2019 and September 2020. It said N64 million of the amount was used to purchase the duplex and N160 million was invested in securities.
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Nwabuoku’s lawyers argued that the non-conviction forfeiture targeted the same assets listed in a nine-count money laundering charge before Justice James Omotosho. The criminal trial ended with his conviction, and the court separately ordered forfeiture of N1.9 billion in shares, N288 million, and the duplex.
Justice Umar asked, “Can this Court go ahead and finally forfeit … properties that are the subject of a criminal trial, the proceedings of which have reached an advanced stage?” He concluded that justice would not be served, declaring that the suit “amounts to an abuse of court process.” The EFCC, he noted, may file a fresh application after the criminal case concludes.
The ruling clarifies the limits of non-conviction forfeiture when criminal proceedings are active. Nwabuoku was appointed Acting AGF in May 2022 by former President Muhammadu Buhari pending an investigation into his predecessor, Ahmed Idris.
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