By Thelma Julius

The fundamental principles of justice are under a microscope as former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, valiantly fights to reclaim his property from what appears to be a concerted effort by the Economic and Financial Crimes Commission (EFCC). Emefiele has bravely petitioned the Court of Appeal in Abuja, seeking to overturn the controversial and, frankly, astonishing forfeiture of a sprawling estate in Lokogoma, Abuja, comprising 753 housing units. This estate was ordered forfeited to the Federal Government in December 2024, an act that raises serious questions about due process and fairness.

The forfeiture, aggressively pursued through an ex parte motion by the EFCC, has been celebrated by the agency as its most significant single asset recovery. Yet, beneath this triumphant facade lies a deeply troubling narrative—a story riddled with concealment, procedural irregularities, and an alarming disregard for constitutional rights. This saga now casts a long, ominous shadow over the very credibility of the EFCC’s anti-corruption crusade.

Emefiele’s Legal Battle: Questions of Due Process

In an appeal filed on April 30, 2025, through his dedicated counsel A.M. Kotoye (SAN), Emefiele argues that the forfeiture was obtained through blatant misrepresentation and a calculated concealment of crucial facts. He points to an egregious failure by the EFCC to properly notify him of the proceedings, despite his ongoing cooperation in numerous other criminal matters. Worse still, the interim forfeiture notice was allegedly buried in an obscure section of a newspaper, effectively stripping him of his constitutional right to respond—a right that is sacrosanct in any democratic society.

“The EFCC deliberately kept me in the dark,” Emefiele alleges, his voice echoing the frustration of many who find themselves caught in the gears of state machinery. He highlights the stark injustice of the situation: at the very moment this forfeiture was being filed and granted, he was already vigorously defending himself in three separate criminal cases across Abuja and Lagos, including charge No. ID/23787/2024 at the Lagos State High Court, a burden that few could endure. It is crucial to note that despite these numerous legal battles, Emefiele has not been convicted of any crime, raising questions about the nature and intent behind the relentless pursuit.

A Fight for Justice: Four Crucial Grounds for Appeal

Emefiele’s appeal is firmly anchored on four compelling legal grounds, each exposing a potential flaw in the justice administered against him:

 * Misinterpretation of Application: The trial judge is accused of a profound misinterpretation of Emefiele’s application, treating it merely as a response to an interim forfeiture rather than a legitimate motion to set aside a final and deeply flawed order.

 * Breach of Natural Justice: This is perhaps the most painful accusation—a claim that Emefiele was not properly served and, consequently, was denied his fundamental human right to be heard. How can justice be served if a man is condemned unheard? 

 * Absence of Jurisdiction: Emefiele’s legal team argues that the entire proceedings were procedurally flawed from the outset, rendering them without proper jurisdiction.

 * Lack of Credible Evidence: The very foundation of the court’s decision is questioned, with claims that it relied on mere hearsay, suspicion, and unsubstantiated allegations, rather than concrete proof.

Emefiele adamantly insists that he holds both legal and equitable interests in the estate, which, staggeringly, was initially linked to another unnamed government official before his name was controversially drawn into the matter.

Premature Moves, Perilous Legal Dangers: A Warning to the Government

In a move that has sent shivers down the spines of legal experts, the Federal Government recently announced its intent to sell off the estate, despite a pending appeal at the Court of Appeal. This action, legal scholars warn, is not merely ill-advised but could brazenly violate the sacred principle of lis pendens—a legal doctrine that unequivocally forbids dealing with a property that is the subject of ongoing litigation.  “This is not just a legal misstep; it is an act of executive lawlessness,” declares a respected constitutional lawyer, his words a stark warning. 

“A notice of appeal has been filed and served, and yet the government is moving to dispose of the property. This is not how justice works. This is how tyranny begins.”

Should the Court of Appeal, as it has commendably done in a similar case in Lagos where the EFCC previously faced a resounding defeat, eventually set aside this forfeiture, it would mean the government has unlawfully sold a private citizen’s property. 

Such an outcome would not only ignite an unprecedented legal crisis but would also plunge the nation into a profound moral quagmire. Indeed, the Appeal Court has already ordered that the case be remitted back to the trial court for a re-hearing, signaling serious issues with the initial judgment and a chance for Emefiele to properly present his case once more.

Scrambling for Straws? A Question of Motives

Observers cannot help but notice the EFCC’s suspicious timing: the sudden filing of fresh charges against Emefiele, precisely when his crucial appeal on the forfeiture is actively ongoing. Is this a desperate tactic to distract or overwhelm a man already battling for his freedom? Burdened with multiple cases in both Lagos and Abuja, Emefiele is being shuttled from one courtroom to another, a relentless schedule that raises grave concerns about judicial harassment and prosecutorial misconduct. This relentless focus on one individual, particularly one who has yet to be convicted of any wrongdoing, prompts a critical question: Is the EFCC truly committed to a broad fight against corruption, or is it engaging in a targeted campaign? Many observers suggest that if the same intensity and resources were applied across the board, numerous current public office holders might also be found culpable of similar alleged infractions, highlighting a potential imbalance in the anti-corruption drive.

Is the EFCC truly grasping for straws to defend what appears to be a deeply flawed process, or are we witnessing a dangerous weaponization of state power, cynically cloaked under the guise of an anti-corruption fight, while other potential culprits remain untouched?

A Resounding Call for Accountability and Restraint

In the unwavering interest of true justice, the EFCC must be compelled to submit to judicial oversight and immediately cease all extrajudicial maneuvers. The Federal Government, for its part, must demonstrate leadership and suspend all plans to sell the estate until the Court of Appeal renders its definitive ruling on this critical matter.

To proceed otherwise would not only brazenly violate legal precedent but would irrevocably erode public trust in the nation’s anti-corruption framework. The EFCC’s reputation, and indeed the future of justice in Nigeria, hinges not merely on high-profile arrests, but on its steadfast adherence to due process, unwavering transparency, and unassailable legal integrity.

If our courts are to remain the last bastion of hope for the common man, they must never be allowed to become mere tools in the hands of overzealous prosecutors. And if the EFCC’s fight against corruption is to be taken seriously and command respect, it must be firmly grounded not in theatrics and persecution, but in the unwavering pursuit of genuine justice for all, not just a select few.

Julius, a public commentator writes from Lagos