Tag: 753 duplexes

• What EFCC filed in court

Nobody has laid claims to the seized 753 units of duplexes in Lokogoma area of Abuja, the Economic and Financial Crimes Commission (EFCC), has said.

Sources at the agency said yesterday that to get forfeiture of the houses at the court, the agency adopted ‘action in rem’, a legal terminology, which means a “lawsuit or other legal action directed toward property, rather than toward a particular person.”

In contrast to an action in personam, an action in rem is a proprietary action brought against the object that is the subject of a dispute.”

According to the source, during preliminary investigation, the man whose company was linked to the property denied knowledge of it.

He said EFCC was not out to protect or shield any individual, saying: “I coordinated the investigation and I personally visited the site. In the process of looking at allegations against a former CBN Governor, we uncovered a receipt on the estate.

“But the receipt was not written in his name or linked to him in any way. We got in touch with the owner of the company who was issued receipt for the plot. He was not even aware the plot was bought in his name or 753 units of duplexes built. His company’s name was used without his knowledge.

“We made all claims before the court and filed documents as required of “action in rem” and the court followed due process in granting final forfeiture.

“Instead of going to court to look at the processes and how the court arrived at its decision, some want us to spoonfeed them.

“We followed due process in adopting action in rem on the seizure of the duplexes. The court records are there for anyone to obtain. People trade on ignorance and blackmail a lot”

The source added that the EFCC could not accuse the former CBN Governor of owning the property because nothing has linked him to the houses.

Read Also: EFCC seizes 753 duplexes in single largest recovery

“Already, he has sued us on some the assets traced to him.

“But we have 753 duplexes which no one is claiming to own. In fact, the purported owner said he was not aware of it. We had to follow the law to seize the property in the public interest.”

“EFCC is not protecting or shielding anyone. Anyone interested in this should go to the court.”

The EFCC on Monday secured a court order to seize 753 units of duplexes in Abuja.

It is the single largest asset recovery by the commission.

But it was silent on the owner of the duplexes.

It, however, described the owner as a “former top brass”” of the government.

No cover up on 753 duplexes, says EFCC

Also yesterday, EFCC Spokesman, Dele Oyewale, insisted insisted that the agency’s action followed the law.

In a statement, he said: “The Economic and Financial Crimes Commission (EFCC), is following with keen interest, the flurry of reactions to its record-breaking recovery of 753 duplexes and other apartments on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja.

“The commentaries of reform-minded Nigerians to the commission’s painstaking efforts in securing the final forfeiture of the Estate to the Federal Government of Nigeria, are appreciated.

“However, the denigration of such efforts is unacceptable and grossly un-charitable.

“The allegation of cover up of the identity of the promoters of the Estate stands logic on the head in the sense that the proceedings for the forfeiture of the Estate were in line with Section 17 of the Advance Fee Fraud Act which is a civil proceeding that allows for ‘action-in-rem’ rather than ‘action-in-personam’.

“The former allows legal actions against a property and not an individual, especially in a situation of an unclaimed property. This Act allows you to take up a forfeiture proceeding against a chattel that is not a juristic person. This is exactly what the commission did in respect of the Estate.  

“The proceedings that yielded the final forfeiture of the Estate were products of actionable intelligence available to the commission. “The company flagged by our investigations denied ownership of the Estate following publications made in leading national newspapers.

“On the basis of this, the Commission approached the court for an order of final forfeiture which Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court granted on Monday,  December 2.

The EFCC expressed its determination to sustain its fight against corruption.

The statement added: “Nigerians should gear up more against lapses and loopholes in our system that continue to make the nation vulnerable to corrupt tendencies.

“The EFCC will continue to safeguard the financial space of the nation against manipulators and organised brigandage.

“It is important to note that the substantive criminal investigation on the matter still continues.

“It will be unprofessional of the EFCC to go to town by mentioning names of individuals whose identities were not directly linked to any title document of the properties. 

“The EFCC is unwavering in its no-sacred-cow approach to every matter and together we will make Nigeria greater.”

It said its efforts should be appreciated instead of being condemned.

It said: “The expectation of the EFCC from citizen Sowore is a patriotic appreciation of its efforts in securing such a landmark forfeiture.

“It is shocking that the activist is not concerned about the systemic lassitude and unhelpful permissiveness that allowed such a monstrous corrupt act in the first instance.”

Documents filed in court by the Economic and Financial Crimes Commission (EFCC) have linked the uncompleted estate, consisting about 753 units of duplexes, to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

In one of such documents, an affidavit filed on November 25 before the High Court of the Federal Capital Territory (FCT), detailed how EFCC’s investigators were able to identify the owner of the property, the companies allegedly used to concealed its funding and those who purportedly supervised the construction on behalf of the identified beneficial owner.

In the affidavit, EFCC detailed the roles allegedly played by Emefiele’s personal assistant, one Eric Ocheme and some officials of a bank.

The EFCC claimed that it got information about some of the property allegedly unlawfully acquired by Emefiele during a search on the residence of one Ifeanyi Omeke,  a top bank official, who was said to have  “worked closely with Godwin Emefiele and ran several errands for him which included purchase and perfection of title documents for several properties located in highbrow areas of Lagos and Abuja.”

The affidavit was filed in support of the motion for final forfeiture of the Abuja estate.

The EFCC categorically claimed in one of the paragraphs in the affidavit that: “The funds used in the acquisition of the property highlighted in Schedule A (Plot 109 Cad Zone C09, Lokogoma District, Abuja, measuring 150,462.86sqm) to this application are not legitimate earnings of Godwin Emefiele but monies acquired through illegal and unlawful activities.”

Part of it further reads: “The commission, whilst investigating the alleged monumental fraud carried out by the immediate past Governor of the Central Bank of Nigeria (CBN) and his cronies, traced and discovered several properties reasonably suspected to have been acquired and or developed with proceeds of unlawful activities.

“The property highlighted in Schedule A to this application (Plot 109 Cad Zone C09, Lokogoma District, Abuja, measuring 150,462.86sqm) is one of the said properties recovered, having been reasonably suspected to have been acquired/ developed with proceeds of unlawful activities.

“In the cause of this Investigation, it was revealed that the erstwhile CBN governor negotiated kickbacks in return for allocation of Foreign Exchange to some companies who were in desperate need of foreign exchange for their lawful and legitimate businesses.

“Our investigation equally revealed that erstwhile CBN Governor received kickbacks from some contractors who were awarded contracts by the Central Bank of Nigeria.

“Upon investigation, it was revealed that one Ifeanyi Omeke, a Deputy General Manager and Head, Litigation of a bank worked closely with Godwin Emefiele and ran several errands for him which included purchase and perfection of title documents for several properties located in highbrow areas of Lagos and Abuja.

“Upon a search conducted in the office premises of Mr. Ifeanyi Collins Omeke by the operatives of the Commission, several property title documents were recovered which investigation revealed were purchased with sums traced and reasonably believed to be proceeds of unlawful activities to wit; kickback from allocation of Foreign exchange and award of contract.

“Upon conclusion of investigation the Commission applied to the Federal High Court sitting in Lagos to forfeit the properties located and situate in Lagos recovered from Mr. Ifeanyi Collins Omeke, properties investigation revealed were purchased with sums traced and reasonably believed to be proceeds of unlawful activties.

Read Also: FG promises to tackle corruption head-on as AGF Fagbemi tasks EFCC, ICPC on public sensitization

“During the cause of the search at the office premises of Mr. Ifeanyi Collins Omeke by the operatives of the commission highlighted in paragraph 4 (e) above, the Commission also recovered title documents of a landed property measuring 150,462.86 metre square lying and situate in Abuja as highlighted in Schedule A to this application.

“The commission wrote a letter of investigation activity to the Abuja Geographical Information Systems (AGIS) requesting for a search on the said property.

“On the 17th day of September, 2024 the said property was located with the assistance of a surveyor from AGIS using search result and coordinate.

“Upon locating the said property and names of persons to have ever associated with the property, letters of investigation were sent to relevant banks requesting for the opening packages of the said companies used in funding and developing the said property.

“Investigation further revealed that the said property has been abandoned and deserted with only a guard manning the said property since June, 2023 upon the arrest of the erstwhile CBN governor.

“The said land known as Plot 109, lying and situate at Cadastral Zone C09 was initially allocated to Windermere Nigeria Limited on the 15th day of September, 2010 for mass housing development.

“The title of the said property was later transferred to M.G Properties Limited via an executed Deed of Assignment.

“Sometime in August 2021, the said M.G Properties transferred its title to H & Y Business Global Limited.

“The said H & Y Business Global Limited is also being investigated for acquiring one of the properties forfeited in the interim by the Federal High Court sitting in Lagos, for the sum of N2,200,000,000 from Nigeria Minting and Printing Ltd for and on  behalf of the then Central Bank of Nigeria Governor, Mr Godwin Emefiele.

“The monies H & Y Business Global Limited used for the acquisition of the property were not from their legitimate income but rather were fraudulently procured by Godwin Emefiele and his cronies to disguise and conceal the unlawful origin of the funds used in the acquisition of the properties.

“Further investigations revealed that three different companies were used in paying and acquiring the property now sought to be finally forfeited to the Federal Government of Nigeria.

“Ifeadigo Integrated Services is one of the three companies used in the acquisition of the property sought to be forfeited.

‘In the course of the fraudulent acquisition of the property sought to be forfeited, Ifeadigo Integrated Services was procured to transfer the sum of N900,000,000.00 reasonably suspected to be proceeds of unlawful activities to the account of M.G Properties Limited.

“The second company that was procured and used in the acquisition of the property sought to be forfeited is ‘Kelvito Integrated Service.

“The said Kelvito Integrated Service, transferred the sum of N700,000,000.00  reasonably suspected to be proceeds of unlawful activities to M.G Properties Limited.

“The third company used in the fraudulent acquisition of the property sought to be forfeited is one Ice Frozen Food & Ventures.

“The said Ice Frozen Food & Ventures was procured to retain and transfer the sum of N600,000,000.00 reasonably suspected to be proceed of unlawful activities to M.G Properties Limited for the acquisition of the said property, now sought to be forfeited in the interim to the Federal Government of Nigeria.

“MG Properties received the aggregate sum of N2,200,000,000.00 from Ifeadigo Integrated Services, Kelvito Integrated Service and Ice Frozen Food & Ventures vide its account. The account statement of MG Properties evidencing the said payment is hereby attached and mark EXHIBIT EFCC 04.

“The said three companies used for the payment of the property are enmeshed in criminal maneuvering of layering proceeds of illegal activities of Mr. Godwin Emefiele.

“The directors of Ifeadigo Integrated Services and Kelvito Integrated Service were arrested and their statement voluntarily obtained in the course of investigation.

“Further investigations regarding the alleged fraudulent acquisition of the property sought to be forfeited revealed that one Mr. Eric Ocheme, the personal Assistant to Mr. Emefiele, procured Richard Agulu a Vault Administrator  and Cash Officer of the Maitama main branch of the bank, Abuja to launder billions of naira for Mr. Godwin Emefiele, monies suspected to be illegal kickbacks from allocation of foreign exchange deals and award of contrac! by the CBN.

“The said Mr. Agulu also procured his friends to open a bank account which could be used to receive proceeds of unlawful activities of Mr. Godwin Emefiele.

“To achieve this sinister aim, Mr. Agulu hoodwinks old friends such as one Mr. Peter Adeyemi to open bank accounts to receive proceeds of unlawful activities.

“One Mr. Christopher Emefiele, the promoter of Demes Properties Nigeria Limited and close ally of Mr. Godwin Emefiele was invited by the commission, he volunteered his statement and confirmed that the said Mr. Erich Ocheme, the Personal Assistant to Mr. Godwin Ifeanyi Emefiele contacted him to act as consultant for the development of the property highlighted in Schedule A to this application now sought to be finally forfeited.

“The development of the property was directly handled by Eric Ocheme for his principal Mr. Godwin Emefiele.

“Payment and purchase, miscellaneous and development of the property sought to be forfeited was conducted through bank transfers and cash vide proxy accounts with proceeds of illegal activities.

“Part of the proceeds received by the accounts fraudulently opened to facilitate unlawful activities are illegal funds that were used to acquire the property sought to be forfeited.

“The title documents of the property highlighted in schedule A to this application was handed over to Ifeanyi Omeke by Godwin Emefiele.

“The funds used in the acquisition of the property highlighted in Schedule A to this application are not legitimate earnings of Godwin Emefiele but monies acquired through illegal and unlawful activities.

“The source/origin of the funds used in the acquisition and/or development of the properties sought to be forfeited, are proceeds of unlawful activities to wit: corrupt enrichment, receiving of gratification or kickbacks and abuse of office.

“This honourable court, on the 1st of November, 2024, after evaluating facts placed before it, granted interim forfeiture order with respect to the property now sought to be finally forfeited.

“In compliance with the order of this honourable court, the applicant herein (EFCC) published in the Punch newspaper of 6 November, 2024, at Page 31, the interim order granted by this honourable court.”