A Federal High Court, sitting in Lagos, has ordered the Economic and Financial Crimes Commission (EFCC) to vacate the premises of a school belonging to Goodwill Private Schools Limited, Ikorodu, Lagos forthwith, pending the determination of the case before it.
Justice O. A. Owoeye of Court 10, Federal High Court, Ikoyi, made the order on Monday, sitting on Suit No. FHC/L/MISC/702/2024 filed by the school against the anti-graft body over what it described as the illegal invasion and occupation of its building.
Counsel to the school, Dr. Benson Enikuomehin, led five other lawyers (Uzor Onwukwe, Esq, Omolola Omoyele, Esq, David O. Adedara, Esq, Kayode Mogbojuri Esq and Omolade Ebiwanno Esq) on the matter, while 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.
He stated that the EFCC contravened the section of the Advanced Fee Fraud Act by getting a purported order of non-conviction forfeiture in the name of the Federal Government and handed same over to an individual, one Mrs. Olabisi Olaiya.
It was also the contention of the counsel to Goodwill Private Schools Limited 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.
He argued that the property must relate to proceeds of unlawful activity or crime, submitting that none existed in this matter.
Enikuomehin 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 Ex-Parte with which the EFCC allegedly obtained same.
He contended that the procedure adopted by the EFCC wa not only a mere irregularity, but also “an incurably bad and void procedure” and urged the court to set aside the void proceedings and the orders made thereon.
In her reply, counsel to the EFCC, Hannatu Umar Kofarnaisa, Esq, argued that the court is functus officio of the matter and should not entertain the argument of Dr. Enikuomehin on behalf of the school.
She argued that, since the school 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 Private Schools Limited since 27 February, 2025.
He said the students of the school have since then been prevented from carrying out their academic activities, especially those that are writing WAEC, adding that EFCC is occupying the school till date.
Justice Owoeye thereafter made an order that the EFCC officials should stay away from the school premises, pending the determination of the case.
He also announced that a date for the ruling on the suit will be communicated to the parties by the court.
