Federal High Court Vacates EFCC’s Non‑Conviction Forfeiture Against Ex‑AGF Nwabuoku
The Federal High Court in Abuja, presided over by Justice Umar Mohammed, on Friday set aside the Economic and Financial Crimes Commission’s (EFCC) application for final forfeiture of ₦220 million and properties linked to former Acting Accountant General of the Federation, Chukwunyere Anamekwe Nwabuoku.
The EFCC had filed a “non‑conviction” originating motion (FHC/ABJ/177/2024) seeking to permanently forfeit assets allegedly tied to unlawful activities. These included funds in several corporate accounts and a five‑bedroom duplex at City Gate Estate, Kukwaba, Abuja. The Commission argued that the assets were reasonably suspected to be proceeds of fraud and relied on Nwabuoku’s extrajudicial statements, where he admitted ownership and even refunded ₦220 million to the EFCC Recovery Account.
Justice Umar held that the EFCC bore the burden of proving entitlement to interim and final forfeiture under the Advance Fee Fraud Act. He noted that both parties confirmed the existence of a pending criminal trial before Justice James Omotosho, where the same assets formed part of the charge.
The judge posed a critical question: “Can this Court go ahead and finally forfeit to the Federal Republic of Nigeria 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 by granting final forfeiture while the criminal trial was ongoing. Instead, the EFCC could re‑apply after the conclusion of the criminal proceedings.
Justice Umar agreed with Nwabuoku’s preliminary objection, ruling that the EFCC’s application amounted to an abuse of court process. He therefore: vacated the interim forfeiture order made on March 4, 2024; ordered the EFCC to lift all restrictions, embargoes, or limitations on Nwabuoku’s properties listed in Schedules 1 and 2, and directed the Commission to refrain from interfering with Nwabuoku’s proprietary rights over the assets.
This ruling comes weeks after Justice James Omotosho convicted Nwabuoku on a separate nine‑count charge of money laundering involving ₦868 million, approving final forfeiture of ₦1.9 billion worth of shares, ₦288 million, and a duplex linked to him.
The case illustrates the tension between non‑conviction forfeiture applications and ongoing criminal proceedings, reinforcing the principle that assets tied to active criminal trials cannot be forfeited prematurely.
