The Federal High Court sitting in Lagos in the Suit No. FHC/L/MISC/702/2024 has ordered the Economic and Financial Crimes Commission (EFCC) to vacate the premises of Goodwill Private Schools Limited Ikorodu, forthwith, pending the determination of the case before it.
The order was made on Monday, 7th of April, 2025 by His Lordship, Hon. Justice O.A Owoeye, sitting at Court 10, Federal High Court, Ikoyi after hearing the Counsel of Goodwill Private Schools Limited, Dr. Benson Enikuomehin, who led five other lawyers (Uzor Onwukwe, Esq, Omolola Omoyele,Esq, David O. Adedara,Esq, Kayode Mogbojuri Esq and Omolade Ebiwanno Esq) on the matter.
Hannatu Umar Kofarnaisa, Esq represented the EFCC.
Dr. Enikuomehin argued that the processes filed by EFCC are in contravention of the provisions of Section 17 of the Advance Fee Fraud Act, 2006 regulating Non-Conviction forfeiture proceeding.
He argued that the entire proceedings and the orders emanating from it should be set aside as they are void ab initio and in law, this amounts to nullity.
Dr. Enikuomehin further argued that the provisions of Advance Fee Fraud Act section 17 upon which the application of the EFCC is premised contemplated that the Federal Government should be the only beneficiary of a Non- Conviction Forfeiture and not an individual like the case the EFCC brought the court, wherein the EFCC purportedly got an order of non-conviction forfeiture in the name of the Federal Government of Nigeria and handed same over to one Mrs. Olabisi Olaiya.
It was the contention of Counsel that a simple contractual transaction between parties cannot form the basis of a forfeiture order as provided in section 17 of AFFA, 2006.
The contractual transaction between Goodwill Private Schools and First City Monument Bank (FCMB) cannot form forfeiture proceedings under Section 17 AFFA, Enikuomehin argued.
The property must relate to proceeds of unlawful activity or crime. He argued that none existed in this matter.
He also informed the court that an order of final forfeiture can only be made upon application by a Motion on Notice to the court and not by a Motion Exparte with which the EFCC allegedly obtained same.
He contended that the procedure adopted by the EFCC is not a mere irregularity, but an incurably bad and void procedure.
He therefore urged the Court to set aside the void proceedings and the orders made thereon.
In her reply, counsel to the EFCC argued that the court is functus officio of the matter and should not entertain the argument of Dr. Enikuomehin on behalf of Goodwill School.
She argued that since Goodwill Private Schools Limited did not grant vacant possession of the School to Mrs. Olabisi Olaiya, the action of the school amounted to proceed of crime.
Dr. Enikuomehin, while rounding off his submission, informed the court that operatives of the EFCC had taken over the premises of Goodwill School since February 27, 2025 thereby depriving the students from carrying out their academic activities especially those that are writing WAEC.
He told the court that the operatives of the EFCC are occupying the school till date.
The Judge, thereafter, made an order that the EFCC officials should stay away from the school premises pending the determination of the case.
A date for the ruling will be communicated to the parties by the court.
