Another Court again orders forfeiture of $1.4m, properties linked to ex-CBN boss, Emefiele
By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos and presided by Justice Ayokunle Faji, on Wednesday ordered interim forfeiture of the sum of $1, 426, 175.14 million, linked to the embattled ex-governor of the Central Bank of Nigeria (CBN) Godwin Ifeanyi Emefiele.
Aside forfeiting the above mentioned sum, Justice Faji also ordered the Economic and Financial Crimes Commission (EFCC) to publish the interim forfeiture order in a national newspaper, for anyone interested in the money sought to be forfeited to appear before the Court and show cause within 14 days, why the final order of forfeiture of the said sum should not be made in favour of the Federal Government of Nigeria.
Justice Faji made the orders, while granting an Ex-parte motion marked FHC/L/CS/232/2024, moved by Mrs. Bilikisu Buhari-Bala, counsel to the EFCC.
The money forfeited in the interim is said to be in Donatone Limited’s account number: 2000000500 domiciled in Titan Bank Limited.
In asking the court for order of forfeiture, Mrs. Buhari-Bala, told the court that the orders sought for are pursuant to Section 17 of the Advance Fee Fraud and Other Related Offences Act No. 14, 2006, and Section 44 (2)(B) of the 1999 Constitution of the Federal Republic of Nigeria.
She submitted before the court that the grounds for asking for the orders are: “that this honourable court has the statutory powers under the provisions of Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006 to grant the reliefs being sought.
“That the funds sought to be forfeited are reasonably suspected to be proceeds of unlawful activities.”
Mrs. Buhari-Bala submitted that the motion Ex-parte is supported with an affidavit deposed to by one David Jayeoba, an investigator with the EFCC.
In the affidavit, the deponent stated that his commission received a credible and directed intelligence which led to the tracing of funds reasonably suspected to be proceeds of unlawful activities warehoused in the Donatone Limited (DL) Titan Trust Bank account, which funds are reasonably suspected to be part of proceeds of unlawful activities.
The deponent averred that the EFCC, whilst investigating the monumental fraud carried out by the erstwhile Centra Bank of Nigeria Governor, Mr Godwin Emefiele and his Cronies, discovered a huge amount of money warehoused and concealed in the account of Donatone Limited, domiciled in Titan Trust Bank.
He further averred that investigation revealed that some of the brains behind the fraudulent concealment of funds reasonably suspected to have been proceeds of unlawful activities of the erstwhile Central Bank of Nigeria Governor, Mr Godwin Emefiele, are the natural persons behind Donatone Limited, Uzeobo Anthony and Adebanjo Olurotimi, who are directors at Donatone Limited.
The deponent further stated the followings: “Between 2021 and 2022, when accessibility to Forex in Nigeria was difficult, several international entities operating in Nigeria had to resort to different means to source Forex.
“That Uzeobo Anthony and Adebanjo Olurotimi used the firm, to collect bribes and gratification on behalf of Godwin Emefiele, to get approval for accessing Forex. And that one of the entities (NP) paid a total sum of $26,552 million USD, into the account of firm domiciled in Titan Trust account number 2000000500.
“That the said credits came into the account of firm on November 9, 2021: $6,450,000; November 5, 2021: $6,050,000.00; December 16, 2021: $5,400,000.00; December 23, 2021: $652,000; January 31 2022; $3,000,000.00 and September 21, 2022: $5,000,000.00.
“The investigation traced the funds to having been fixed into interest-yielding accounts, dissipated and laundered through a foreign account in Mauritius, and transported back to Nigeria under disguise.
“That of the total sum of $26, 555, 000.00 US dollars received by firm, the balance standing in the said account as at today is the sum of $1, 426, 175.14 million USD.
“That it is the balance in the account that the applicant seeks to forfeit to the Federal Government of Nigeria, which has been traced to be the proceeds of unlawful activities of (GE) and his cronies. And that investigation further revealed that the international entities sourcing for forex were pressured into parting with huge funds to access forex during the period.
“That the signatories to the account warehousing the sum of $1, 426, 175.14 million USD, sought to be forfeited are at large and are making frantic efforts to dissipate the funds electronically. And that based on our investigation findings, the funds sought to be forfeited are proceeds of unlawful activities of (GE) and his cronies. And that it is in the interest of justice to grant this application.”
After granting the order as prayed Justice Faji adjourned the matter to June 25, for hearing of the final forfeiture of the funds.
Recall that Justice Chukwujekwu Aneke of the Federal High Court sitting in Lagos had on May 13, upon the Motion on Notice filed by Anita Joy Omoile as person affected, vacated the ex-parte orders of the court made on December 4, 2024 for interim forfeiture of funds suspected to be proceeds of unlawful activities in the accounts of Anita Joy Omoile, Deep Blue Energy Services Ltd, Lipam Investment Services Ltd, Til Communications Nigeria Ltd and Exactquote Bureau De Change Ltd
brought by EFCC.
While vacating the orders, the court held that EFCC was unable to satisfy the requirements of Sections 28 and 34(1) of the EFCC Act in the circumstances of the case.
But on May 25, 2024, in another ruling, Justice Yelim Bogoro of the Federal High Court sitting in Lagos ordered interim forfeiture of $4.7million, N830million, and some properties/ assets linked to Godwin Emefiele.
The monies forfeited to the Federal Government in the interim were said to be warehoused in First Bank; Titan Bank and Zenith Bank, being operated by Omoile Anita Joy, Deep Blue Energy Service Limited, Exactquote Bureau De Change Ltd; Lipam Investment Services Limited, Tatler Services Limited, Rosajul Global Resources Ltd and TIL Communication Nigeria Ltd.
While the properties forfeited in the interim to the Federal Government include; 94 Units of an 11-floor building under Construction at 2, Otunba Elegushi 2nd Avenue (Formerly Club) Road, IKoyi, Lagos; AM Plaza, 11-floor office space, situate on 1E, Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1, Esa Street, Imore Land purchased with (Deep Blue Industrial Town, Oriade LCDA, Amuwo Odofin LGA, Lagos, Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro Lagos, Owolomi Village, Ibeju-Lekki LGA, Lagos and two properties purchased from Chevron Nigeria, Closed PFA Fund, Block B. Lot twin completed property in Lakes Estate, Lekki, Lagos.