Mr Ekwo noted that EFCC had launched the proceedings against Mr Ekweremadu, who is being held in the United Kingdom (UK) over...
The court, which had issued the order on 4 November, 2022, but ruled on Friday that the application for forfeiture filed by the Economic and Financial Crimes Commission was not brought in good faith and ought to be struck out.
“I do not think that the desired objective of the legislature in enacting the provision of Section 17 of the Advance Fee Fraud and Other Related Offences Act , 2006 relied upon by the respondent in initiating the proceeding to obtain an ex-parte order of interim forfeiture order was for the provision to be used in any circumstance where the person affected is not in a position to defend himself or show cause as required,” the judge said.
“At the same time, the respondent filed an ex-parte application for interim forfeiture which upon order being made thereon required Senator Ike Ekweremadu and his wife to show cause in Nigeria why an order for final forfeiture ought not to be made. “Once more, this court needs to apply the test of reasonableness of the act of the respondent in initiating the proceeding leading to the interim forfeiture order.“Consequently, I make the following orders:
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