The Federal High Court sitting in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to vacate the premises of Goodwill Private Schools Limited in Ikorodu with immediate effect, pending the final determination of a case challenging the legality of its forfeiture proceedings.
Justice O.A. Owoeye issued the ruling on Monday following arguments presented by counsel to the school, Dr. Benson Enikuomehin, who appeared alongside a team of five other lawyers—Uzor Onwukwe, Omolola Omoyele, David O. Adedara, Kayode Mogbojuri, and Omolade Ebiwanno. The EFCC was represented by Hannatu Umar Kofarnaisa.
Dr. Enikuomehin argued that the EFCC’s actions contravened Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, which governs non-conviction-based forfeiture. He described the EFCC’s proceedings as fundamentally flawed, asserting that they were void ab initio and should be set aside.
According to the school’s counsel, the law only permits the Federal Government to be a beneficiary in non-conviction forfeiture cases—not private individuals. However, he alleged that the EFCC, after obtaining a non-conviction forfeiture order in the name of the Federal Government, handed over the school’s property to one Mrs. Olabisi Olaiya.
He further argued that the dispute stemmed from a contractual transaction between Goodwill Private Schools and First City Monument Bank (FCMB), which he said did not meet the threshold for forfeiture under the Act. Dr. Enikuomehin maintained that the property in question had no links to any unlawful activity.
Raising procedural issues, he told the court that a final forfeiture order can only be granted via a motion on notice and not through a motion ex parte, as allegedly done by the EFCC. He described the EFCC’s method as not merely irregular but incurably defective.
In response, EFCC counsel Kofarnaisa contended that the court was functus officio—no longer in a position to revisit the matter. She also argued that the refusal of Goodwill Private Schools to grant possession of the property to Mrs. Olaiya constituted proceeds of crime.
After hearing both sides, Justice Owoeye ordered the EFCC to vacate the premises of the school immediately, pending the conclusion of the matter. The court said a date for ruling would be communicated to the parties in due course.
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