The Federal High Court, Abuja, has set aside an interim order of forfeiture made on August 27, 2024, against some properties linked to Alhaji Abubakar Ismaila Isa Funtua.
The trial judge, Emeka Nwite, in the suit marked FHC/ABJ/CS/1197/2024, granted the earlier interim order pursuant to an ex parte application made by the Economic and Financial Crimes Commission (EFCC).
Funtua, who has an interest in the properties – subject of the interim order through his counsel led by Femi Atteh (SAN), filed an affidavit to show cause why a final forfeiture order should not be granted.
He also brought an application to set aside the interim order granted on August 27, 2024.
POWER OF FAVOUR?
(Silent, Powerful, Spiritual)
Don’t miss out on your desires. You are not the only one pursuing them. Command power of favour to achieve your heart desires:
In your undertakings. Work. Job. Career. Profession. Business. Politics. Workplace. Powerful position. Patronage. Selling. Contract. People/ crowd. Global fame. Love matters. Etc.
SPIRITUAL CONSULTATION ON:
Spiritual power of favour over efforts alone for desired outcome. Overcome delay with power of favour. Overcome rejection with power of favour. Other matters.
For Spiritual Consultation, Guidance, Contact:
DR. J.A FAROS
Call/ Whatsapp + 2 3 4 0 7 0 3 0 5 1 4 0 6 3
Sango-ota. Lagos. Nigeria.
Distance no barrier( 3 options)
By Unlimiting Power of God, Every Dream materialized.
Justice Nwite agreed with Atteh’s submission that the EFCC “concealed, suppressed material facts and failed to show that the properties were proceeds of crime or from unlawful activities.”
The Judge held: “That an order is hereby made that the properties; (1) Plot 467 Cadastral Zone, Durumi District, Federal Capital Territory, Abuja; (2) MH 401, Maitama Heights, Plot 47, Maitama District, Abuja; and (3) MH 601, Maitama Heights, Plot 47, Maitama District, Abuja are not acquired from proceeds of crime or from unlawful activities.
“That the application for final forfeiture is hereby refused.”
Justice Nwite knocked the EFCC for acting beyond its powers.
He said: “It is not the duty of the applicant/respondent (EFCC) to enforce loan transactions that went sour or subtly use its statutory powers to ensure adherence to the loan contract.
“Additionally, the averment by the applicant/respondent at paragraph 9 of their counter affidavit to show cause that the respondent/applicant and Teleology Nigeria Limited embezzled depositor’s funds loaned to them without collateral by conniving with Keystone Bank officials, is not only laughable but a desperate attempt at making an act a crime where none exists”.
Justice Nwite held that the loan issue had earlier been resolved.
He stated: “Lastly, the filing of this instant application is an attempt to subject the respondent/applicant (Funtua) to double jeopardy.
“Keystone Bank Limited had obtained judgment in its favour for the loan granted to the respondent/applicant, and now the applicant/respondent is seeking to recover the properties in dispute in respect of that same loan.
“I sincerely do not want to make the inference from the circumstances of this case that the applicant/respondent is trying to enforce the judgment of this court through the back door.
“Now, the applicant/ respondent is in this court seeking to forfeit the properties in dispute on the allegation that the properties were bought using the loans granted by Keystone Bank Limited for personal use and that same were not secured.”
The judge declared that loan transactions are between parties and it is those parties that have the right to seek the enforcement of those loan transactions.
“On the whole, I am of the humble view that the respondent/applicant has shown that the properties in dispute were not obtained from an unlawful activity or from proceeds of crime. I so hold,” the judge stressed.
Similarly, the High Court of the Federal Capital Territory recently slammed N2million general damages against the EFCC for infringing upon the rights of Funtua.
Justice Aminu Abdullahi, on May 21, 2025, declared Funtua’s arrest, interrogation and continued threat to arrest and detain him without informing him in writing of the allegation against him within 24 hours as unconstitutional.
He held that the commission violated the applicant’s fundamental rights as guaranteed by Section 35(3) of the Nigerian Constitution 1999 (as altered).
The Judge restrained the defendants and their agents “from violating the constitutional rights of the claimant by further arresting or threatening to arrest, detain and/or arraign the claimant without complying with the provision of Section 35 (3) of the 1999 Constitution (as altered).”
The EFCC, its chairman Ola Olukoyede and Head of AMCON Desk at EFCC, Mr Bawa Kaltungo, were the defendants.
The claimant had prayed the court to determine whether EFCC’s failure to inform him in writing of the facts that gave rise to the allegations against him for which he was arrested is a breach of his rights.
He sought a declaration restraining the defendants or their agents from further arresting or threatening to arrest him without complying with the provision of Section 35(3) of the 1999 Constitution.
Funtua sought N100million general damages from the commission for infringing on his rights.
The claimant stated that on February 2, 2024, while in the United Kingdom for medical treatment, he received a letter of invitation dated January 31, 2024.
He said he cut short his medical treatment to honour the invitation.
During interrogation, he demanded to know the petition or allegation against him, but the officers refused to inform him, only telling him they were acting on “orders from above”.
Also, in another judgment by Justice M.O. Olajuwon of the Federal High Court in Abuja on July 3, 2024, he discharged an ex-parte order made on May 7, 2024 empowering the EFCC to instruct the managing directors of banks to stop all outward payment, operation or transactions on accounts linked to Funtua.