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Diezani’s forfeited property: APC chieftain seeks arrest of EFCC chairman over alleged disregard to court order

News Investigators/ Ikechi Emenike, the All Progressives Congress (APC)’s Chieftain, has filed a motion for court to issue a bench warrant for the arrest of the EFCC Chairman, Ola Olukoyede, for alleged refusal to obey court order with respect to an Abuja property forfeited to the Federal Government.

The property, located at House 6, Aso Drive, Asokoro in Abuja, belonging to a former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, was party of assets Justice Mobolaji Olajuwon of the Federal High Court (FHC), Abuja, ordered their final forfeiture on Oct. 24, 2022, to the Federal Government.

Mr Emenike, through his lawyer, Obi Nwakor, filed the contempt application marked: FHC/ABJ/CS/1123/2021 before Justice Musa Liman of the FHC Abuja.

The application, dated May 22 and filed May 23, was titled: “In The Matter For Committal For Criminal Contempt Against:” Olukoyode and Francis Usani, a counsel to EFCC.

Mr Emenike, the former APC governorship candidate in March 11, 2023 election in Abia, prayed the court to order the arrest of Mr Olukoyede and the lawyer who represented the EFCC in the matter, Mr Usani.

He hinged the application on alleged “brazen and grievous acts of contempt of resisting and obstructing the Sheriffs of this court from the execution of orders of this honourable court in this suit, made on the 16th day of May 2025.”

He further applied for an order of the court, directing the Inspector-General (I-G) of Police to take the duo “into custody with immediate effect for the purpose of bringing them before the court to show cause why they should not be committed to prison for brazen and grievous contempt of court.”

Justice Liman, on a motion for substituted service of the contempt application on Olukoyode and Usani, granted the prayer to serve them the contempt application by courier service.

Justice Liman had on the strength of an application by the EFCC, issued an order that directed Emenike, a tenant, to vacate the premises situated at House 6, Aso Drive in Asokoro.

The EFCC had informed the court that the property was finally forfeited to the Federal Government as proceeds of an unlawful act by Mrs Allison-Madueke.

The anti-graft agency, in its motion dated Nov.17, 2024, anchored its request to take possession of the property on a judgement it said was handed to it on Oct. 22, 2022, by Justice Olajuwon.

However, shortly after he was evicted from the property, Emenike re-approached the court with evidence to show that the EFCC failed to disclose that he had been paying rent to the commission for the property which he had been living in for over 10 years.

The APC chieftain further told the court that there is a subsisting judgement from a High Court of the Federal Capital Territory (FCT), which gave him a Right of First Refusal after it held that the EFCC had no legal right to keep any forfeited property to itself for whatever use.

The FCT court, in the said judgement, stressed that the only option the law gave the EFCC was to sell the property and remit the proceeds to FG’s Single Treasury Account.

It held that as a sitting tenant, the commission ought to give the plaintiff the Right of First Refusal.

The plaintiff told the court that though the EFCC had after a meeting he held with its former Chairman, Mr Abdulrasheed Bawa, agreed to reevaluate and sell it to him, it later decided to keep the property for itself.

He alleged that instead of appealing against the judgement of the FCT High Court, the agency filed an ex-parte motion before another court where it secured an eviction order it relied upon to throw out his family and take possession of the house.

Justice Liman, after he had appraised the situation, voided the ex-parte order and directed the EFCC to immediately vacate the property for Emenike.

The court equally directed that the order should be served on the Chairman of the EFCC, Mr Olukayode, by pasting it on the walls and gate of the premises.

However, a bailiff of the court that went to execute the order was allegedly chased away by armed security operatives.

The EFCC later filed an application before Justice Liman seeking a stay of execution of the order directing the commission to vacate the property for Emenike on the grounds that an appeal had been filed against the order at the Court of Appeal in Abuja.

However, Mr Emenike, through his lawyer, prayed the court to dismiss the agency’s application until it purged itself of the allegations of disobedience to a valid court order.

Justice Liman, also in a ruling, berated the EFCC over its refusal to obey an order directing its armed officials to vacate the property in dispute.

The judge frowned at the anti-graft agency’s action, which he said had, through suppression and misrepresentation of material facts, deceived the court to issue an ex-parte order in its favour on March 27.

He accused the EFCC of treating an order of the court with disdain.

He held that the court would no longer hear any application from the anti-graft agency until it purged itself of the contemptuous act.

“The law is no respecter of any person. If order of the court can be treated with disdain by an agency of the government, then there will be nothing left but for persons to take law into their own hands.

“Disobedience to a court order is injurious to the Rule of Law and can lead to anarchy.

“Where a party has refused to obey court order, the court cannot exercise discretion in favour of such a party.

“Therefore, this court will deny the applicant (EFCC) further audience till it purge itself of the contempt,” the judge said.

He held that the May 16 order of the court that directed that the respondent (Emenike) should be allowed access into the building, remained extant.

Consequently, Justice Liman declined to hear the motion on notice the EFCC filed to stay the execution of the ruling in suit number: FHC/ABJ/CS/1123/2021, which was in favour of the respondent.

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