The Federal High Court sitting in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to vacate the premises of Goodwill Private Schools Limited, Ikorodu, with immediate effect, pending the determination of the case before it.
The order issued on Monday, April 7, 2025, by Justice O.A. Owoeye of Court 10, Federal High Court, Ikoyi, after hearing the counsel for Goodwill Private Schools Limited, Benson Enikuomehin, who led a team of five other Lawyers: Uzor Onwukwe, Esq., Omolola Omoyele, Esq., David O. Adedara, Esq., Kayode Mogbojuri, Esq., and Omolade Ebiwanno, Esq.
The EFCC was represented by Hannatu Umar Kofarnaisa, Esq.
Enikuomehin argued that the processes filed by the EFCC were in contravention of Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006, which regulates non-conviction based forfeiture proceedings.
He contended that the proceedings and the resulting orders were void ab initio and amounted to a legal nullity.
According to him, the provisions of Section 17 of the Act envisage that the Federal Government should be the sole beneficiary of any non-conviction forfeiture not an individual, as was the case when the EFCC allegedly obtained a forfeiture order in the name of the Federal Government and handed the property to one Olabisi Olaiya.
“The contractual transaction between Goodwill Private Schools and First City Monument Bank (FCMB) cannot form the basis for a forfeiture order under Section 17 of the Act,” Enikuomehin said.
He emphasized that forfeiture can only be ordered in relation to proceeds of unlawful activity or crime, which, according to him, does not apply in this case.
He also noted that a final forfeiture order must be made through a motion on notice, not by an ex parte motion, as was allegedly done by the EFCC.
Describing the EFCC’s procedure as “incurably bad and void,” Enikuomehin urged the court to set aside the proceedings and all orders made therein.
In response, counsel to the EFCC argued that the court was functus office,o meaning it had already ruled on the matter and could not revisit it.
She further argued that the refusal of Goodwill Private Schools Limited to vacate the property for Olabisi Olaiya constituted proceeds of crime.
Enikuomehin, in his closing submission, informed the court that EFCC operatives had taken over the school premises since February 27, 2025, thereby disrupting academic activities, especially for students currently writing the West African Senior School Certificate Examination (WAEC).
He said that the operatives were still occupying the school.
Following the arguments, Justice Owoeye ordered the EFCC to stay away from the school premises pending the determination of the case.
The court will communicate a date for ruling to the parties in due course.
