Appeal Court Affirms Final Forfeiture of ₦293.97 Million, Properties Linked to Retired Major General Emmanuel Atewe

The Court of Appeal sitting in Lagos has upheld the final forfeiture of ₦293.97 million, several landed properties, and investment assets linked to retired Major General Emmanuel Atewe to the Federal Government, dismissing his appeal against an earlier judgment of the Federal High Court.

In a unanimous judgment delivered on Wednesday, the appellate court, led by Justice Boloukuromo Ugo, ruled that Atewe's appeal lacked merit and affirmed the decision of the Federal High Court, which had granted the Economic and Financial Crimes Commission (EFCC)'s application for the permanent forfeiture of the assets. 

The forfeited assets include ₦293.97 million in cash, 30,000 MTN-linked investment units managed by Stanbic IBTC Asset Management Limited, and several high-value properties located across Abuja and Bayelsa State. The properties include plots of land in Jahi, Sabon Lugbe, Kuje, Outer Northern Expressway, Gaube Farmland Extension II Layout, Sector Centre B Layout, as well as a commercial property in Yenagoa, Bayelsa State. 

According to the EFCC, investigations revealed that the assets were allegedly acquired with funds diverted from money released for the operations of the Joint Task Force (JTF), Operation Pulo Shield in the Niger Delta. The anti-graft agency alleged that about ₦8.537 billion earmarked for military operations was siphoned through a network of companies and proxies, with portions of the funds allegedly used to purchase the forfeited assets. 

The Federal High Court had earlier granted an interim forfeiture order before making it final after ruling that Atewe failed to provide satisfactory evidence showing the legitimate source of the assets.

Dissatisfied with the ruling, the retired military officer approached the Court of Appeal, arguing that the forfeiture proceedings were invalid because he was entitled to protection under Section 123 of the Armed Forces Act. He also contended that the civil forfeiture proceedings should not have continued while criminal charges relating to the same allegations were still pending and challenged the jurisdiction of the trial court.

However, the appellate court rejected all the arguments. The court held that the protection provided under Section 123 of the Armed Forces Act applies only to serving military personnel, not retired officers. It further ruled that civil forfeiture proceedings are separate from criminal prosecution and can lawfully proceed even while criminal cases remain pending. 

Consequently, the Court of Appeal dismissed Atewe's appeal in its entirety and affirmed the final forfeiture of the cash, properties, and investment assets to the Federal Government, marking another significant legal victory for the EFCC in its anti-corruption campaign.