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Court orders forfeiture of 22 Lagos properties to FG

Court orders forfeiture of 22 Lagos properties to FG
February 23
17:18 2023

A federal high court in Abuja has ordered the permanent forfeiture of 22 properties in Lagos state to the federal government.

The court had, on November 16, 2021, granted the federal government’s application for interim forfeiture.

But the Lagos government, through its attorney-general, Moyosore Onigbanjo, and Patrick Ibikunle Fanfunwa, the Onikoyi of Lagos, had filed applications to show cause why the properties should not be permanently forfeited to the federal government.

In their preliminary objections, they urged the court to strike out the suit for want of jurisdiction.

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Delivering a ruling on the applications on Wednesday, Inyang Ekwo, the presiding judge, held that the federal government’s case succeeded on merit.

He said Lagos and the traditional ruler could not substantiate the claims made in their affidavits and that it was made in absolute bad faith. 

The judge held that they never challenged the claims made by the federal government.

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“The law insists that where facts deposed to in an affidavit have not been controverted, such facts must be taken as true,” he said. 

Consequently, Ekwo ordered that all the property listed on the face of the motion on notice be finally forfeited to the federal government.

He also made an order authorising the applicant to, “as the case may be, auction/make use of /convert for public use/enter into any treaty or partnership with private organisation or in any other manner that it may deem fit, to members of the public”.

The judge also allowed the applicant to appoint “a certified surveyor or any other person or agency/body as may be deemed fit to, interalia, determine or ascertain the value of the properties”.

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He added that all proceeds realised from the said sale or disposal of the property be duly remitted to designated accounts of the federal government. 

The forfeiture covers landed property in locations as follows: an approximately 4.222 square meter at Admiralty Way, Lekki Phase 1 beside the substation; approximately 1.700 square meters with twin duplex uncompleted in Victoria Gardens City (VGC) estate; No. 2a/2b Kuramo close, Ikoyi; as well a warehouse at Wharf road, Apapa.

It also includes property along Muritala Muhammed airport, domestic wing of airport transit/protocol office, Ikeja; empty fenced land at 13b, McDonald road, Ikoyi; 20, Gerrard, Ikoyi; Plot 001, Awolowo road, Ikoyi; 3, Macpherson Ikoyi; two-bedroom, flat F at Block 25, Ladoke Akintola street; one duplex at 11, Alexander Avenue, Ikoyi; Plot 24/25, Sango House, Marina; 32, Queens Drive, Ikoyi; and detached storey house of four-bedroom with three rooms, BQ at block 11, ljora staff quarters, Ijora GRA, among others.

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