CHIEF EMMANUEL NWUDE V. CHAIRMAN, ECONOMIC AND FINANCIAL CRIMES COMMISSION

ODILI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Honourable Justice A. I. Chikere of the Federal High Court Abuja delivered on the 22nd October, 2004 refusing to set aside the ex parte order of interim forfeiture of the assets of the appellant/applicant by the respondent. FACTS BRIEFLY PUT ARE AS FOLLOWS:-

The respondent applied on the 21st May, 2004 to the Federal High Court Abuja for an ex parte interim forfeiture order of the appellant’s assets, pursuant to the provisions of section 28 of the Economic and Financial Crimes Commission (Establishment) Act, 2002. The basis for the application being that the assets were the proceeds of criminal conduct. The application was heard by the court on 25th May, 2004, and an order was granted as prayed on 26th May, 2004.

The said application was made during the pendency of criminal proceedings against the appellant before the High Court of the Federal A Capital Territory. This fact was evidenced in par…