The Court of Appeal sitting in Lagos has upheld the final forfeiture of N293.97 million, investment assets and several properties linked to a retired military officer, Major General Emmanuel Jebe Atewe.
In a unanimous judgment delivered by Justice Boloukuromo Moses Ugo, the appellate court dismissed Atewe’s appeal and affirmed an earlier ruling of the Federal High Court ordering the assets to be permanently forfeited to the Federal Government.
The forfeited assets include N293.97 million in cash, 30,000 MTN linked investment units managed by Stanbic IBTC Asset Management Limited, plots of land in various locations across Abuja, including Jahi, Kuje, Sabon Lugbe and the Outer Northern Expressway axis, as well as a commercial property in Yenagoa, Bayelsa State.
The Economic and Financial Crimes Commission, EFCC, had traced the assets to funds allegedly diverted from allocations made to the Joint Task Force, Operation Pulo Shield.
According to the anti-graft agency, investigations revealed that about N8.537 billion meant for the task force was allegedly siphoned through a network of companies and individuals acting as proxies.
The commission further alleged that several companies received payments for contracts and services that were never executed, with portions of the funds allegedly used to acquire properties and other assets linked to Atewe.
The EFCC also disclosed that N297 million traced to Cisco Nobots Limited was used in a property transaction in Port Harcourt, from which it recovered N290 million.
Recall that the Federal High Court had earlier granted an interim forfeiture order before making it final after ruling that Atewe failed to satisfactorily explain the legitimate source of the assets.
Dissatisfied with the decision, Atewe approached the Court of Appeal, arguing that he was entitled to protection under Section 123 of the Armed Forces Act and that the forfeiture proceedings should not have continued while criminal charges against him were still pending.
However, the appellate court rejected the arguments, holding that the protections under the Armed Forces Act apply only to serving military personnel.
The court noted that Atewe had already retired from service before the forfeiture proceedings commenced and had admitted his retired status in documents filed before the lower court.
It also ruled that civil forfeiture proceedings can lawfully run alongside criminal trials and found that Atewe failed to establish the lawful origin of the forfeited assets.
Consequently, the appeal was dismissed for lacking merit, while the forfeiture order issued by the Federal High Court was affirmed.
Appeal Court upholds forfeiture of N293.9m, properties linked to ex-Military General Atewe
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