The court vacated the interim order of forfeiture on the two choice properties, granted to the anti-graft agency in June 2016, over the allegations that they were proceeds of unlawful deals.The two properties are Flat 5, Parkview, 83–86 Prince Albert Roads, and Flat 58, Harley House, Marylebone Road, both in London.
Delivering her ruling on Friday in a motion on notice filed by the businessman to challenge the forfeiture of the two houses to the federal government, Justice BintaNyako held that the EFCC obtained the interim order in error by suppressing and misrepresenting facts on the ownership of the two properties.
The judge agreed that the anti-graft agency, in its ex-parte application, which led to the granting of an order of forfeiture of the two properties to the federal government, misled the court in its claim that the ownership of the London houses was traced to a former Petroleum Minister, Mrs.Allison Deziani Madueke.
Justice Nyako agreed in the judgment that Peters had successfully established his legitimate ownership of the properties in another judgement delivered on December 5, 2017, by a High Court of the Federal Capital Territory.
The court further ruled that the businessman's suit, marked FCT/HC/CV/0093/17, instituted against the EFCC had clearly established that the properties were legitimately acquired by the Aiteo Chief Executive, contrary to the claim of the anti-graft agency.
Justice Nyako held that since the judgement of the Abuja High Court, which established the ownership of the two London houses upon production of documentary evidence, was not challenged or appealed against by the EFCC, he had no option other than to vacate and discharge the earlier order of his court that the two properties be temporarily forfeited to the Federal government.
The judge therefore ruled that the applicant, having legitimately acquired the properties and having convinced the court in that regard, the two London properties cannot be forfeited to the federal government of Nigeria under any circumstances.
"The order of interim forfeiture that was made in this case in 2016 upon the ex-parte application of the EFCC cannot override or supersede an order of final judgement of a court of coordinated jurisdiction.
"Consequently, I hereby uphold the orders of the High Court of the FCT and order the release of the properties."
