Appeal Court Affirms Final Forfeiture of N293m, Properties Linked to Major General Atewe
The Lagos Division of the Court of Appeal has affirmed the judgment of the Federal High Court, Lagos, ordering the final forfeiture of over N293.97 million, multiple landed properties and investment assets linked to a retired military officer, Major General Emmanuel Jebe Atewe, to the Federal Government.
In a unanimous judgment read by Justice Boloukuromo Moses Ugo on Wednesday, July 22, 2026, the appellate court dismissed Atewe's appeal against the judgment of Justice Chukwujekwu Aneke of the Federal High Court, which granted the application of the Economic and Financial Crimes Commission, EFCC, for the final forfeiture of the assets.
The forfeited assets include the sum of N293,970,000.00, 30,000 MTN -linked units in Stanbic IBTC Asset Management Limited, several high-value properties in Abuja, including plots of land at the Outer Northern Expressway, Jahi, Sabon Lugbe, Kuje, Gaube Farmland Extension II Layout, Sector Centre B Layout, Kuje, as well as a commercial property in Yenagoa, Bayelsa State.
The Commission traced the assets to funds reasonably suspected to be proceeds of unlawful activities. Investigations pointed to the diversion of money released for the operations of the Joint Task Force, Operation Pulo Shield.
In the Investigations by the EFCC, about N8.537 billion released to the Joint Task Force was allegedly diverted through a network of companies and individuals acting as proxies. The investigation further established that billions of naira were transferred to companies for services that were never rendered, with portions of the funds subsequently used to acquire various assets allegedly linked to Atewe through companies associated with him.
Specifically, the Commission's findings showed that N297 million traced to Cisco Nobots Limited was used in a property transaction in Port Harcourt, from which N290 million was eventually recovered by the EFCC.
The Federal High Court had earlier granted an interim forfeiture order before making it final after holding that Atewe failed to satisfactorily explain the legitimate source of the assets.
Dissatisfied with the judgment, Atewe appealed, arguing, among other grounds, that the forfeiture proceedings were incompetent because he was entitled to the protection of Section 123 of the Armed Forces Act, that the proceedings ought not to have commenced while criminal charges against him were pending, and that the trial court lacked jurisdiction to entertain the application.
However, the Court of Appeal resolved all three issues in favour of the EFCC.
The appellate court held that Section 123 of the Armed Forces Act and the decision in General Jafaru Mohammed v. EFCC did not apply to Atewe because he was a retired military officer at the time the forfeiture proceedings were instituted.
The court noted that Atewe admitted his retirement in his affidavit before the trial court and held that the statutory protection under Section 123 is available only to serving members of the Armed Forces.
The court further held that Atewe failed to sufficiently show how he legitimately acquired the assets in question, observing that his explanations merely referred to honoraria without establishing a lawful source for the assets.
On the appellant's contention that commencing forfeiture proceedings while his money laundering trial was pending amounted to an abuse of court process, the Court of Appeal rejected the argument, holding that the institution of civil forfeiture proceedings during the pendency of criminal proceedings does not constitute an abuse of the judicial process.
Consequently, the Court of Appeal dismissed the appeal for lacking merit and affirmed the judgment of the Federal High Court ordering the final forfeiture of the assets to the Federal Government.
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