On Wednesday, the Lagos Division of the Court of Appeal confirmed a Federal High Court ruling that mandates the permanent seizure of several properties and financial assets belonging to retired Major General Emmanuel Atewe. The panel, led by Justice Boloukuromo Ugo, issued a unanimous virtual decision that rejected the appeal, siding fully with the Economic and Financial Crimes Commission (EFCC).
The legal dispute focused on a May 2023 ruling by Justice C. Aneke, which approved the forfeiture of assets suspected to be the result of illegal operations. General Atewe had argued that Section 123 of the Armed Forces Act protected him; however, the appellate court clarified that this law specifically applies to active-duty personnel. Because Atewe is retired—a status he confirmed in his own affidavits—the court ruled that he could not invoke that protection.
The court further clarified that civil forfeiture is an action against assets rather than an individual, meaning it can proceed independently of ongoing criminal investigations. Judges also found Atewe’s claims regarding the acquisition of his assets insufficient, noting he failed to provide concrete evidence linking his purchases to legitimate income or honoraria. Consequently, the court finalized the seizure of various properties in Abuja and Bayelsa, along with cash and MTN shares.
