Appeal Court Delivers Blow To Retired General, Affirms EFCC Property Seizure

The Court of Appeal sitting in Lagos has dismissed an appeal filed by retired Major General Emmanuel Jebe Atewe and affirmed the final forfeiture of his assets to the Federal Government.

According to Ireporter Online, the appellate court ruled that Atewe’s appeal lacked merit and upheld the earlier decision of the Federal High Court, Lagos, which ordered the permanent forfeiture of the properties linked to the retired military officer.

In a unanimous judgment delivered virtually on Wednesday, a three-member panel led by Justice Boloukuromo Ugo held that the issues raised by Atewe were insufficient to overturn the forfeiture order and resolved the matter in favour of the Economic and Financial Crimes Commission (EFCC).

The court affirmed the May 5, 2023 judgment of Justice C. J. Aneke, which directed the final forfeiture of the assets after the EFCC established grounds to suspect that they were acquired through proceeds of unlawful activities.

Atewe had argued that provisions under Section 123 of the Armed Forces Act and previous legal decisions protected him from the forfeiture proceedings. However, the Court of Appeal dismissed the argument, stating that the provision applies only to serving military officers and does not extend to retired personnel.

The court further held that the forfeiture proceedings were civil in nature and targeted the assets rather than serving as a criminal trial against Atewe. It also ruled that the EFCC had the legal authority to pursue asset forfeiture independently of any ongoing criminal proceedings.

The appellate court noted that Atewe failed to provide convincing evidence proving the legitimate source of the assets. His claim that the properties were purchased through honoraria payments was rejected due to the absence of detailed records or documents linking the funds to the acquisitions.

The forfeited assets include ₦3.97 million in cash, several plots of land in Abuja locations such as Outer Northern Expressway, Jahi, Sabon Lugbe and Kuje, a 50-hectare farmland in Kuje, a property at Yenagoa Gardens in Bayelsa State, 30,000 MTN shares managed by Stanbic IBTC Asset Management Limited, among other landed properties.

The EFCC had earlier informed the court that its investigation into the alleged diversion of over ₦8.5 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA) through the Joint Task Force, Operation Pulo Shield, uncovered transactions allegedly linked to the acquisition of the assets.

The anti-graft agency argued that the properties were reasonably suspected to have been purchased with proceeds from unlawful activities and should therefore be forfeited under relevant anti-fraud laws.

With the latest ruling, the Court of Appeal has upheld the Federal High Court’s decision, leaving the forfeiture of the assets in favour of the Federal Government unchanged.