The Federal High Court in Abuja has ordered the final forfeiture of two properties linked to Aminu Garunbabba, a senior official of the Federal Inland Revenue Service (FIRS), to the federal government.
The judge Obiora Egwuatu gave the order on Thursday following an application by the Economic and Financial Crimes Commission (EFCC), which argued that the properties were acquired with proceeds of unlawful activities.
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In a statement by the EFCC on Friday, the forfeited assets include a four-bedroom terrace maisonette with boys’ quarters located at Barumark Groove Estate, Plot 667, Cadastral Zone B03, Wuye District, Abuja, and a residential building at No. 5 Lodge Road, Kano State.
EFCC said the Abuja property was reportedly purchased for N65 million, while the Kano house was bought for N39 million.
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EFCC’s counsel, Ekele Iheanacho, who is a Senior Advocate of Nigeria (SAN), moved the motion for final forfeiture pursuant to Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006, and Section 44(2)(b) of the Nigerian constitution.
The commission had earlier obtained an interim forfeiture order in February 2022 and published the notice in national dailies, inviting any interested parties to show cause why the properties should not be permanently forfeited.
At the resumed hearing on Thursday, the defence raised a preliminary objection, arguing that Mr Garunbabba was undergoing administrative disciplinary proceedings and could not simultaneously be subjected to a criminal investigation.
But Mr Egwuatu dismissed the objection, ruling that the forfeiture proceeding was non-conviction-based and distinct from a criminal trial.
“This case targets properties suspected to be proceeds of crime. A criminal case requires proof beyond reasonable doubt, but in this instance, only reasonable suspicion is sufficient,” the judge said.
“The respondent failed to show that the funds used to purchase the properties were from legitimate earnings. Accordingly, the request for final forfeiture is granted.”
The EFCC said the properties were traced to funds Mr Garunbabba allegedly diverted while claiming Duty Tour Allowances for fictitious trips between 2017 and 2018.
The agency said he fraudulently received over N341 million in DTA payments.
Assets recovery
Over the years, the EFCC has made assets recovery a part of its focus, relying on the non-conviction-based forfeiture process of court.
The commission announces the recovery of hundreds of billions of naira worth of assets recovered through the process.
In December 2024, the commission obtained a court order for the final forfeiture of a vast estate in Abuja, said to be the largest single-asset recovery since the EFCC’s inception in 2003.
The estate, located in the Lokogoma District of the Federal Capital Territory and measuring 150,500 square metres, includes 753 housing units. It was reportedly built by a former top government official currently under investigation for money laundering.
Similarly, in February, the Federal High Court in Lagos ordered the final forfeiture of N830 million, $4.7 million, and multiple properties linked to former Central Bank of Nigeria governor, Godwin Emefiele.
The EFCC argued that the assets were proceeds of unlawful activities.
Speaking on the agency’s approach, EFCC chair Ola Olukoyede said asset recovery remains central to its anti-corruption strategy.
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