From Godwin Tsa Abuja
The Abuja division of the Federal High Court has vacated an order of interim forfeiture earlier secured by the Economic and Financial Crimes Commission (EFCC) against a property development firm, U. S. Homes Depot Development International Limited.
Justice Peter Lifu in his ruling held that the anti-graft agency has failed to justify the sustenance of the interim order and equally dismissed the suit.
U. S. Homes Depot Development International Limited is the owner of Heartland Estate based in Owerri, Imo state.
The court had earlier granted an interim attachment/forfeiture of 10 hectares of land purchased by U.S Homes Deport Development International Limited in Heartland Estate, Owerri, Imo state.
The EFCC secured the order last year and shortly after that did nothing about the case.
The plaintiff, through its counsel, Lilian Ojima, in suit No. FHC/ABJ/CS/963/2023, prayed the court for an order vacating/discharging and/or setting aside the order of interim attachment/forfeiture granted by the in respect of 10 hectares of land purchased by U.S. Homes Deport Development International Ltd in Heartland Estate, Owerri.
The plaintiffs also prayed the court for an vacating/discharging and/or setting aside the order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the property/asset in respect of 10 hectares of land purchased by U.S. Homes Deport Development International ltd in Heartland Estate, Owerri.
They prayed the court for an order of vacating/discharging and/or setting aside the order authorizing the Economic and Financial Crimes Commission (EFCC) to appoint a competent person/firm to manage the asset/property in respect of 10 hectares of land purchased by U.S. Homes Deport Development International ltd in Heartland Estate, Owerri.
Joined in the case as an interested party is Dr. Ngozika Nwaneri.
After listening to parties in the matter, Justice Lifu in his ruling dated September 10, 2024, held, “Where the court finds the evidence led by the applicant reliable and believable and it is accepted as in the instant case, and the evidence support the applicant case, the court will act on it in favour of the person so entitled.
“Going through the entire gamut of the instant application, I hold that the respondent (EFCC) has not justified the reason to enable the court refused the application of the applicant.
“Consequently, I hold that the exparte order of this Court granted on the 8th day of August 2024 is hereby set aside. Ruling is so entered”.
