Court of Appeal Upholds Final Forfeiture of ₦293.97 Million, Properties Linked to Ex-Military Officer
Court of Appeal Upholds Final Forfeiture of ₦293.97 Million, Properties Linked to Ex-Military Officer
Court of Appeal Upholds Final Forfeiture of ₦293.97 Million, Properties Linked to Ex-Military Officer
The Court of Appeal sitting in Lagos has upheld the judgment of the Federal High Court ordering the final forfeiture of over ₦293.97 million, landed properties and investment assets linked to retired military officer, Major General Emmanuel Jebe Atewe, to the Federal Government.
In a unanimous judgment delivered on Wednesday, July 22, 2026, Justice Boloukuromo Moses Ugo, on behalf of the appellate court, dismissed Atewe’s appeal and affirmed the earlier decision of Justice Chukwujekwu Aneke of the Federal High Court, Lagos, which granted the application filed by the Economic and Financial Crimes Commission (EFCC).
The forfeited assets include ₦293,970,000, 30,000 MTN-linked investment units in Stanbic IBTC Asset Management Limited, several high-value properties in Abuja, including plots of land located along the Outer Northern Expressway, Jahi, Sabon Lugbe, Kuje, Gaube Farmland Extension II Layout and Sector Centre B Layout, as well as a commercial property in Yenagoa, Bayelsa State.
According to the EFCC, investigations traced the assets to funds reasonably suspected to be proceeds of unlawful activities linked to the alleged diversion of operational funds meant for the Joint Task Force, Operation Pulo Shield.
The anti-graft agency disclosed that investigations uncovered the alleged diversion of about ₦8.537 billion through a network of companies and individuals acting as proxies. The Commission further alleged that substantial sums were paid to companies for contracts and services that were never executed, with part of the funds allegedly used to acquire assets connected to Atewe through affiliated companies.
The EFCC also revealed that ₦297 million traced to Cisco Nobots Limited was used in a property transaction in Port Harcourt, from which ₦290 million was subsequently recovered.
The Federal High Court had initially granted an interim forfeiture order before making it final after ruling that the appellant failed to provide satisfactory evidence of the legitimate source of the assets.
Challenging the judgment, Atewe argued before the Court of Appeal that the forfeiture proceedings were invalid, citing the protection provided under Section 123 of the Armed Forces Act, the pendency of criminal proceedings against him and the alleged lack of jurisdiction of the trial court.
However, the appellate court dismissed all the grounds of appeal.
The court held that the provisions of Section 123 of the Armed Forces Act did not apply because Atewe had already retired from military service before the forfeiture proceedings commenced, adding that the statutory protection is available only to serving members of the Armed Forces.
The appellate court further ruled that the retired officer failed to establish the lawful origin of the assets, noting that references to honoraria and other explanations presented were insufficient to justify the acquisition of the properties and funds.
On the issue of concurrent criminal proceedings, the court held that civil forfeiture proceedings can lawfully continue alongside criminal trials and do not constitute an abuse of court process.
Consequently, the Court of Appeal dismissed the appeal for lacking merit and affirmed the judgment of the Federal High Court, paving the way for the final forfeiture of the assets to the Federal Government.
Court of Appeal Upholds Final Forfeiture of ₦293.97 Million, Properties Linked to Ex-Military Officer
