Court of Appeal Affirms Forfeiture of N293m and Abuja Properties from Retired Major General Atewe

The Lagos Division of the Court of Appeal has upheld the final forfeiture of over N293.97 million, multiple landed properties, and investment assets linked to retired Major General Emmanuel Jebe Atewe. The unanimous judgment, delivered virtually on July 22, 2026, dismissed his appeal against a Federal High Court ruling in favour of the EFCC. The appellate court ruled that the defence under Section 123 of the Armed Forces Act applies only to serving officers. It noted that Atewe admitted his retired status in an affidavit and failed to prove a lawful source for the assets, relying only on unspecified honoraria without evidence. The court also held that civil forfeiture proceedings are independent of any pending criminal trial. It rejected claims that simultaneous civil and criminal processes amounted to an abuse of judicial process, affirming that the EFCC may pursue asset forfeiture even while related criminal charges remain unresolved. Assets forfeited include cash, several plots in Abuja’s Outer Northern Expressway and Kuje District, farmland in Bayelsa State, and 30,000 MTN shares. Investigations revealed alleged diversion of over N8.5 billion from NIMASA funds through proxy companies during Operation Pulo Shield.

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