The Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to lift all restrictions placed on N220 million and several properties linked to former Acting Accountant General of the Federation, Chukwunyere Anamekwe Nwabuoku.
The ruling was delivered on Friday by Justice Umar Mohammed in a non-conviction forfeiture suit filed by the EFCC against the former government official.
The case, marked FHC/ABJ/177/2024, centered on the EFCC’s attempt to secure final forfeiture of assets allegedly linked to unlawful activities.
However, the court held that the Commission could not proceed with final forfeiture while a related criminal trial involving the same assets was already before another court.
Court Declares EFCC Suit an Abuse of Process
In his judgment, Justice Umar Mohammed stated that the EFCC failed to establish sufficient grounds for the final forfeiture of the assets under the Advance Fee Fraud and Other Fraud Related Offences Act.
The judge noted that both parties had confirmed the existence of an ongoing criminal case before Justice James Omotosho involving the same properties and funds.
According to the court, proceeding with a final forfeiture while the criminal matter remained unresolved would not serve the interest of justice.
Justice Umar questioned whether the court could legally forfeit assets already tied to an active criminal proceeding that had reached an advanced stage.
He subsequently ruled that the forfeiture application amounted to an abuse of court process and upheld Nwabuoku’s preliminary objection.
Court Orders Immediate Removal of Restrictions
Following the ruling, the court vacated the interim forfeiture order earlier granted against the assets listed in the EFCC application.
The judge further directed the anti-graft agency to immediately remove all embargoes, limitations, and restrictions imposed on the affected bank accounts and properties.
The court also restrained the EFCC from taking any action that could interfere with Nwabuoku’s ownership rights over the assets pending the conclusion of the criminal proceedings.
Background of the EFCC Investigation
The EFCC had earlier disclosed that Nwabuoku refunded N220 million and voluntarily relinquished a property located at Number 20, City Gate Estate, Kukwaba, Abuja, during investigations into alleged fraud and money laundering activities.
According to court filings by EFCC counsel, the agency sought interim forfeiture of funds held in accounts linked to several companies, including:
- Temeeo Synergy Concept Limited
- Turge Global Investment Limited
- Laptev Bridge Limited
- Arafura Transnational Afro Ltd
- EFCC Recovery Account containing the refunded N220 million
The anti-corruption agency alleged that about N355 million had been deposited by different individuals into accounts allegedly connected to the former AGF between 2019 and 2020.
The Commission further claimed that part of the funds was used to acquire a five-bedroom duplex in Abuja and to make investments worth over N160 million.
Previous Conviction and Asset Forfeiture
Despite Friday’s ruling, Nwabuoku had earlier been convicted in a separate criminal trial prosecuted by the EFCC before Justice James Omotosho.
In that case, the court reportedly approved the final forfeiture of assets valued at over N1.9 billion, including shares, cash, and a luxury property linked to the former Acting Accountant General.
Nwabuoku was appointed Acting Accountant General of the Federation in May 2022 by former President Muhammadu Buhari following the suspension of former AGF Ahmed Idris amid corruption investigations.
He was later arraigned and prosecuted by the EFCC on multiple fraud-related charges.
