The Federal High Court in Abuja, on Friday, vacated its interim order that permitted the Economic and Financial Crimes Commission, EFCC, to seize 40 properties that were linked to the embattled former Deputy Senate President, Ike Ekweremadu.

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Justice Inyang Ekwo nullified the interim forfeiture order based on an application the lawmaker who is currently detained in the  United Kingdom, UK,  filed through his team of lawyers led by Chief Adegboyega Awomolo, SAN.

He agreed with the lawmaker that EFCC obtained the interim forfeiture order by deceit, having concealed material facts before the court.

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It will be recalled that the high court had in a ruling it delivered on November 4, 2022, given the anti-graft agency the nod to confiscate 40 properties it said were traced to Ekweremadu.

In an ex-parte application marked FHC/ABJ/CS/1242/2022, which was accompanied by an affidavit of urgency, EFCC identified the properties as the subject of an ongoing investigation.

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It told the court that the landed properties, 10 of which are situated in Enugu, three in the United States of America, USA, two in the United Kingdom, UK, one in Lagos, nine in Dubai, and 15 located in the Federal Capital Territory, are suspected to have been acquired with proceeds of crime.

While granting the interim forfeiture order, Justice Ekwo directed the EFCC to within seven days, publish it in a national daily to enable anyone that has an interest in any of the properties, to approach the court to show cause.

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In his ruling on Friday, Justice Ekwo accused the EFCC of misleading the court, stressing that the agency was aware that Ekweremadu would not be able to come before the court to show cause since he is in detention.

Consequently, he voided the interim forfeiture order the court granted in respect of the properties.

“I find that the Applicant has established the grounds upon which this action is predicated by credible evidence and this application ought to succeed on the merit and I so hold. 

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“Consequently, I make the following orders: An order is hereby made setting aside the interim forfeiture order of the properties of Senator Ike Ekweremadu and his companies made by this Court on the 4th day of November 2022, upon the ex parte Originating Motion filed by the Economic and Finance Crimes Commission (EFCC) on 27th July 2022. 

“The entire proceeding initiated by the Respondent is hereby set aside” Justice Ekwo held.

Ekweremadu had insisted that the forfeiture order was granted in error, alleging that the EFCC which he said was behind his continued detention in the UK, suppressed facts relating to the properties.

He told the court that the anti-graft agency concealed the information that the 40 properties have been subject to an investigation that started in 2008.

Ekweremadu argued that contrary to EFCC’s claim, there was no urgency to warrant the issuance of an order of interim forfeiture of the properties.

More so, he stressed that the EFCC was aware that he was in detention in the UK, when it brought the application for the forfeiture of his properties, before the court.

He accused the EFCC of deliberately refusing to disclose to the court that he was in detention and would not be able to counter the forfeiture request.

Consequently, he prayed the court to set aside the forfeiture order and stay proceedings in the matter until he resolves his case before the London Court.

Even though EFCC denied the allegation that it was behind Ekweremadu’s ordeal in the UK, it, however, admitted that it wrote the London Court based on a special request.

The Commission said it was not opposed to Ekweremadu’s request for proceedings in the matter to be suspended until his return, though it rejected his request for the interim forfeiture order to be vacated.

Vanguard