The Court of Appeal in Lagos on Wednesday upheld a 2023 ruling that ordered the final forfeiture of several assets belonging to retired Major General Emmanuel Atewe to the Federal Government. The appellate court dismissed Atewe's appeal in full, finding it lacked merit.
The unanimous judgment, delivered virtually via Zoom by Justice Boloukuromo Ugo, resolved all issues raised by Atewe in favour of the Economic and Financial Crimes Commission. The court held that Section 123 of the Armed Forces Act did not apply because Atewe is a retired officer, unlike the serving personnel referenced in prior cases.
The Court of Appeal further ruled that the forfeiture proceedings were directed solely at the assets and did not constitute an abuse of process despite pending criminal charges. It found that Atewe had not provided sufficient evidence to show how he acquired the properties.
The forfeited assets include N3.97 million in cash, multiple plots of land in Abuja and Kuje, a 50-hectare farmland, land in Bayelsa State, and 30,000 MTN shares held through Stanbic IBTC Asset Management Limited.