Judge adjourns proceedings in N228.4million forfeiture case against ex-Abia governor

Justice Emeka Nwite of the Federal High Court in Abuja adjourned proceedings in the N228.4 million forfeiture case against the former governor of Abia State, Theodore Orji, until 7 April.

The adjournment followed the inability of the Economic and Financial Crimes Commission (EFCC) to publish the interim forfeiture order of N228.4 million linked to Mr Orji.

The News Agency of Nigeria (NAN) reports that Justice Nwite granted an order temporarily freezing the funds to the federal government on 3 January on allegations of money laundering.

Justice Nwite, in that ruling on an ex-parte motion moved by the EFCC’s lawyer, Fadila Yusuf, also directed the commission to make publication of the order on its website and Daily Trust newspaper.

The judge directed interested parties to show cause within 14 days of the publication of the order why the money should not be permanently forfeited to the federal government.

When the matter was called on Thursday, the EFCC’s lawyer, Ms Yusuf, informed the court that the matter was slated for a report of compliance with the 3 January order of the court.

She, however, expressed regret that the anti-graft agency was yet to carry out the directive.

The lawyer hinged the delay on the inability of her office to access the order on time to enable them to place the publication on their website and the newspaper.

“We promise that by Monday, the order would have been carried out,” she said.

Ms Yusuf then sought an adjournment to enable the EFCC to comply with the order.

Justice Nwite, after listening to her submission, adjourned the matter until 7 April for a report of compliance.

Background

Mr Orji also served as a two-term senator representing Abia Central District before he retired from active politics.

The anti-graft agency had, in the motion ex-parte marked: FHC/ABJ/CS/03/V/2025, brought the suit pursuant to Section 44(2) (b) of the 1999 Constitution (as amended) and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

Ms Yusuf’s motion, dated 30 December 2024 and filed on 2 January, was also brought under the court’s inherent jurisdiction.

The lawyer sought an order granting an interim freezing and forfeiture of the N228,497, 773.12 domiciled with Keystone Bank set out in the schedule attached to the federal government of Nigeria.

She also sought “an order authorising the commission to make publication of interim freezing/forfeiture order made by this honourable court on the EFCC website and Daily Trust newspaper and the interested parties to show cause within 14 days of the publication of the order.”

In her five-ground argument, the lawyer said the money described in the schedule was the subject matter of investigation by the EFCC and found in the possession of Effdee Nigeria Ltd.

She said it was reasonably suspected to be proceeds of unlawful activities.

“Effdee Nigeria Ltd is alleged to have conspired with others to defraud the Abia State Government to wit: conspiracy, abuse of office, obtaining money by false pretence, money laundering and diversion of public funds.

“Effdee Nigeria Ltd, in whose possession the monies were found, is reasonably suspected to have conspired with Senator Theodore Ahamefule Orji, the former Governor of Abia State, some officials in the former governor’s administration and his family members,” she said.

Ms Yusuf said the EFCC was investigating them for the allegations following an intelligence report received by the commission against Mr Orji.

According to her, there is a need to preserve the monies pending investigation and/or prosecution.