Justice Mohammed Umar of the Federal High Court in Abuja has fixed April 30 for ruling on an application by the Economic and Financial Crimes Commission (EFCC) seeking the final forfeiture of a property allegedly owned by a former Acting Accountant-General of the Federation, Chukwunyere Anamekwe Nwabuoku.
Yesterday, defence counsel, Norrison Quakers (SAN), informed the court that he had filed an application seeking to set aside the interim forfeiture order granted by the court on January 27, last year.
He also drew the court’s attention to a notice of preliminary objection dated August 15, last year, challenging the court’s jurisdiction to entertain the matter.
Quakers urged the court to discountenance the EFCC’s application for final forfeiture because the property is already a subject of a pending criminal trial in another court.
He further prayed the court to set aside the anti-graft agency’s application.
Prosecution counsel, Ekele Iheanacho (SAN), referred the court to a motion dated May 6, 2024, seeking the final forfeiture of the property. He argued that the property was reasonably suspected to have been acquired with the proceeds of crime.
He explained that the application was supported by an eight-paragraph affidavit deposed to by an EFCC operative, Chinyelu Vivian Okpara, with exhibits marked EFCC 1 to EFCC 7.
According to the prosecution, Nwabuoku, while serving as Director of Finance at the Ministry of Defence, allegedly diverted funds released for military operations against Boko Haram through fictitious accounts, amounting to about N900 million.
Iheanacho told the court that N355 million allegedly traced to the defendant was paid through an account belonging to M. Davies Enterprises Limited, from which the disputed property was purchased.
He added that Nwabuoku voluntarily handed over the keys to the property during the investigation and refunded part of the funds before later challenging the forfeiture.
Justice Umar adjourned the matter till April 30, 2026, for ruling.
EFCC is also prosecuting Nwabuoku on an amended nine-count charge of money laundering involving N868,465,000 before Justice James Omotosho of the Federal High Court, Abuja.
