A’Court affirms forfeiture of General Atewe’s assets to FG, dismisses appeal

The Court of Appeal in Lagos has upheld a Federal High Court ruling ordering the final forfeiture of multiple assets belonging to retired Major General Emmanuel Atewe to the Federal Government, dismissing his appeal as lacking merit.

“

The Court of Appeal sitting in Lagos Division, Wednesday, affirmed the judgment of a Federal High Court in Lagos ordering the final forfeiture of multiple assets linked to retired Major General Emmanuel Atewe (retd) to the Federal Government, holding that his appeal lacked merit.

The appellate court, in a unanimous virtual judgment, resolved all three issues presented in Atewe's appeal in favor of the Economic and Financial Crimes Commission (EFCC). The appeal was against a May 5, 2023 judgment that granted the EFCC's application to seize various properties, cash, and investment assets alleged to be proceeds of unlawful activities.

The Court of Appeal clarified that Section 123 of the Armed Forces Act, which Atewe relied upon, applies only to serving military personnel. As Atewe is retired, the court found this section inapplicable to his case. The court also noted that forfeiture proceedings are distinct from criminal prosecutions and are directed at assets, not the individual.

“

In a unanimous judgment delivered virtually via Zoom, the appellate court, presided over by Justice Boloukuromo Ugo, resolved all three issues raised in the appeal in favour of the Economic and Financial Crimes Commission, EFCC, and dismissed the appeal in its entirety.

Furthermore, the court found that Atewe failed to provide sufficient evidence of how he genuinely acquired the assets. His explanation, referencing unspecified honoraria, lacked the necessary particulars and evidence to link these payments to the properties in question. The court also rejected the argument that civil forfeiture proceedings constituted an abuse of judicial process while criminal charges were pending, stating that such actions do not preclude the EFCC from pursuing civil forfeiture under the law.

“

The court held that while General Jafaru was a serving military officer, Atewe is a retired military officer who had admitted that fact in his affidavit to show cause before the trial court.

Consequently, the appeal was dismissed, and the forfeiture of assets was affirmed. These assets include N3.97 million in cash, several plots of land in Abuja (including Outer Northern Expressway, Jahi, Sabon Lugbe, and Kuje districts), a one-hectare parcel of land in Kuje, a 50-hectare farmland, a parcel of land in Yenagoa, Bayelsa State, 30,000 MTN shares held by Stanbic IBTC Asset Management Limited, and another plot in Kuje.

“

The court held that the forfeiture proceedings before the Federal High Court were sui generis, being proceedings directed solely against assets and not against the person of the appellant.