The Court of Appeal in Lagos has affirmed the final forfeiture of N293.97 million, multiple landed properties and investment assets linked to retired Major General Emmanuel Jebe Atewe, dismissing his appeal and upholding an earlier judgment of the Federal High Court.
Key Highlights
Court of Appeal upholds final forfeiture of N293.97 million and multiple properties linked to General Atewe.
Appeal against the Federal High Court judgment dismissed for lacking merit.
EFCC says assets were traced to funds allegedly diverted from Operation Pulo Shield.
Court rules Section 123 of the Armed Forces Act does not protect retired military personnel.
Appellate court says pending criminal proceedings do not bar civil forfeiture actions.
In a unanimous judgment delivered on Wednesday, Justice Boloukuromo Moses Ugo dismissed Atewe’s appeal against the Federal High Court ruling, which granted the Economic and Financial Crimes Commission (EFCC) an order permanently forfeiting the assets to the Federal Government.
The forfeited assets include N293.97 million in cash, 30,000 MTN-linked investment units in Stanbic IBTC Asset Management Limited, several plots of land in Jahi, Sabon Lugbe, Kuje, Outer Northern Expressway, Gaube Farmland Extension II Layout and Sector Centre B Layout in Abuja, as well as a commercial property in Yenagoa, Bayelsa State.
According to the EFCC, investigations revealed that the assets were allegedly acquired with funds diverted from allocations meant for the Joint Task Force, Operation Pulo Shield.
The anti-graft agency alleged that about N8.537 billion earmarked for the military operation was diverted through a network of companies and proxies. The commission said payments were made for contracts and services that were never executed, with part of the funds allegedly used to acquire properties linked to Atewe.
The EFCC further disclosed that N297 million traced to Cisco Nobots Limited was used in a property transaction in Port Harcourt, from which it later recovered N290 million.
The Federal High Court had initially granted an interim forfeiture order before making it final after ruling that Atewe failed to provide a satisfactory explanation for the legitimate source of the assets.
At the Court of Appeal, Atewe argued that the forfeiture proceedings were invalid, citing protection under Section 123 of the Armed Forces Act, the pendency of criminal charges against him and an alleged lack of jurisdiction by the trial court.
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However, the appellate court rejected all the arguments, holding that the protection under Section 123 applies only to serving members of the Armed Forces and not retired officers.
The court further held that Atewe failed to provide credible evidence that the assets were lawfully acquired, noting that his explanation regarding honoraria did not establish a legitimate source of the funds.
It also ruled that the existence of pending criminal proceedings did not prevent the EFCC from pursuing civil forfeiture proceedings, dismissing the appeal for lacking merit and affirming the final forfeiture of the assets to the Federal Government.
