Reported by: Ime Richard Aondofa | Edited by: Gabriel Osa
The Economic and Financial Crimes Commission (EFCC) has formally filed a Notice of Appeal challenging a judgment by the Federal High Court, Abuja, which ordered the release of 27 houses to businessman James Ikechukwu Okwete and his company Jamec West Africa Limited — a ruling delivered by Justice Joyce Abdulmalik on 31 October 2025. The appeal, lodged at the Court of Appeal, Abuja Division under Suit No FHC/ABJ/CS/348/2025, seeks to stay execution of the lower court’s decision pending appeal and requests further relief as the appellate court deems fit.
The case began in March, when the EFCC obtained an interim forfeiture order for the 27 properties spread across several locations, claiming they were derived from unlawful activities. The court directed the commission to publish the order to allow any interested parties to show cause why the properties should not be permanently forfeited. On 4 April 2025, the interim order was published in a widely circulated newspaper as required.
In response, Okwete and his company, along with another interested party in one of the houses, submitted affidavits asserting legitimate ownership. When the matter finally came to trial, Justice Abdulmalik found their evidence credible, dismissed the EFCC’s application for final forfeiture, vacated the interim order entirely, and directed the immediate release and return of the properties. The judgment declared the EFCC’s case against the holdings “otiose.”
Despite the clear court order, the EFCC has yet to hand over the title documents or properties to the rightful owners. As of 2 December 2025, the court issued a formal “Form 48” notice to the agency’s chairman, warning that failure to comply would amount to contempt of court. The enforcement unit had visited EFCC offices on 26 November to execute the order, yet compliance remains unmet.
By filing the appeal, the EFCC has signaled its resolve to contest the ruling — aiming to preserve control over the properties until the Court of Appeal delivers its decision. For now, the houses remain in legal limbo.
This dispute is not isolated. In mid-2025, the Court of Appeal overturned a final forfeiture order of a large housing estate once seized from Godwin Emefiele, the former Governor of the Central Bank of Nigeria. The appellate court cited conflicting evidence and procedural irregularities, ordering a fresh trial and effectively nullifying the EFCC’s earlier victory.
The Emefiele case highlights a trend: courts at various levels increasingly scrutinize the evidentiary basis and procedural correctness of forfeiture actions, especially in high-stakes asset confiscations. The reversal not only underlined the judiciary’s readiness to uphold property rights but also delivered a significant legal precedent that may influence how courts handle similar EFCC cases going forward.
For the EFCC, the Okwete case — coming in the wake of the Emefiele reversal — presents an especially delicate moment, as the agency’s reputation and asset recovery strategy face renewed public and judicial scrutiny.
This dispute touches on fundamental issues that go beyond individual property rights. It speaks to the balance between anti-corruption enforcement and the protection of lawful ownership and due process, even when governments pursue aggressive forfeiture.
By appealing, the EFCC signals its intention to safeguard what it describes as ill-gotten assets, but it also draws attention to the risk of prolonged legal battles and uncertainty for property owners. For citizens and investors, unresolved asset seizures can erode confidence in property security and in institutions entrusted with enforcing the law.
Conversely, the courts’ willingness to reverse forfeiture orders when evidence or procedure is deficient sends a strong message: no matter the agency or the stakes, property rights and legal safeguards must be respected.
The coming weeks and months will be critical. The Court of Appeal’s decision on the EFCC’s stay request could determine whether the 27 houses remain under freeze or revert to the claimants — pending the full appeal. A ruling in favour of the EFCC could embolden further aggressive asset seizures, while a rejection may reinforce the emerging judicial caution around forfeiture.
The case is already shaping legal and public discourse around governance, institutional accountability, and the proper limits of anti-graft powers in Nigeria. Authorities, stakeholders, property owners and civil society alike will be watching closely — because regardless of the outcome, the ruling will mark another important chapter in the evolving relationship between anti-corruption efforts and rule of law.
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