The Court of Appeal in Lagos has upheld the final forfeiture of several assets, including 30,000 MTN shares, multiple plots of land in Abuja and other properties linked to Emmanuel Jebe Atewe, a retired major general and former commander of the Joint Task Force (JTF) Operation Pulo Shield in the Niger Delta.
Gatekeepers News reports that the assets were ordered forfeited to the Federal Government after the court dismissed Atewe’s appeal against an earlier ruling of the Federal High Court in Lagos.
The assets affected by the ruling include 30,000 MTN shares held by Stanbic IBTC Asset Management Limited, plots of land in Jahi, Sabon Lugbe, Kuje and the Outer Northern Expressway in Abuja, a 50-hectare farmland in Kuje, a one-hectare parcel of land in the district, a property in Yenagoa, Bayelsa State, and N3.97 million in cash.
The forfeiture stems from an application filed by the Economic and Financial Crimes Commission (EFCC), which alleged that the assets were acquired with proceeds of unlawful activities linked to the diversion of more than ₦8.5 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA) through the JTF Operation Pulo Shield. The anti-graft agency said the funds were allegedly channelled through companies and proxies before being used to acquire the properties and investment assets.
In its unanimous judgment delivered virtually on Wednesday, the appellate court resolved all three issues raised by Atewe in favour of the EFCC. The court held that the civil forfeiture proceedings were directed against the assets and not against the retired military officer personally, dismissing his argument that the proceedings amounted to an abuse of court process because he is already facing a separate criminal trial over related allegations.
The Court of Appeal also ruled that Atewe failed to provide satisfactory evidence showing the assets were lawfully acquired. It held that his explanations, including claims that the properties were funded through honoraria and other earnings, were not supported by sufficient documentary proof linking those income sources to the acquisition of the assets. The judgment therefore affirmed the Federal High Court’s decision granting the final forfeiture of the properties to the Federal Government.
