Justice Alexandra Owoeye of the Federal High Court sitting in Ikoyi, Lagos, on Wednesday, July 15, 2026, ordered the final forfeiture of 52 terrace and maisonette units located in the Lekki area of Lagos.
The
properties, located at Mercyville Estate, Covenant Way, off New Road, Ilasan,
Lagos, were recovered from Fielddreams Limited, Ifeanyi Nweke and Amex Savings
and Loans Limited.
The judge
gave the order, following a Motion on Notice filed and argued by the
Commission, through its counsel, Franklin Ofoma.
The
Commission had, on August 14, 2024, secured the interim forfeiture of the
properties through an order granted by Justice Akintayo Aluko, following an ex
parte application filed by the EFCC through its counsel, Ofoma.
The order
was made in favour of one Dr. Kennedy Okonkwo, a real estate developer
and Chief Executive Officer of Capital Gardens Limited.
In his
ruling, Justice Aluko also directed the Commission to publish the interim
forfeiture order in a national newspaper, inviting any interested party to show
cause why the properties should not be finally forfeited to the Federal
Government of Nigeria.
Following
the publication of the order, the respondents filed an affidavit to show cause
why the court should not grant the final forfeiture of the properties.
Initially,
in paragraphs 16 to 25 of their affidavit, the respondents stated that the
funds used to develop the 52 terrace and maisonette units were derived from the
sale of a portion of land acquired through the sale of 29 terrace and
maisonette units valued at One Billion, Nine Hundred Million Naira
(₦1,900,000,000.00).
They,
however, subsequently made a U-turn, accusing the 3rd to 19th applicants of
failing to complete the various terrace and maisonette units.
This
contradicted their earlier affidavit evidence in which they had stated that
they used the proceeds from the sale to complete the furnishing and interior
decoration of the remaining units and that construction had been completed in
2020.
At
Wednesday's proceedings, Ofoma, while moving the application for the final
forfeiture of the properties, informed the court that the Commission had fully
complied with the court's order regarding the publication of the interim
forfeiture.
He further
told the court that the application was supported by a 31-paragraph affidavit
deposed to by Afolabi Seyi Oladele, a litigation officer in the Legal
Department of the EFCC.
According
to him, the properties were reasonably suspected to be proceeds of unlawful
activities, and he urged the court to grant the application for their final
forfeiture.
Ofoma
further submitted that the second respondent, Nweke, is a criminal fugitive,
adding that he "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
the second respondent, adding that he had jumped the administrative bail
earlier granted him by the Commission over the alleged offences.
After
listening to the submissions of both the applicant and the respondents, Justice
Owoeye held that “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.
"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.
"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
further held that
"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
final analysis, the court held that “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."

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