Justice Nnamdi Dimgba had on July 20, 2016, granted the EFCC an order of interim forfeiture of the properties for a period of 45 days which lapsed on September 4.
The judge had granted the order of interim forfeiture on the strength of the EFCC’s argument that it was carrying out a criminal investigation into the proceeds used to acquire the properties.
On Monday, Justice Dimgba held that he could not order the EFCC to unseal the properties because of a fresh order made by Justice Okon Abang of the same Abuja Division of the Federal High Court, on November 3, 2016. He ruled:
"In the light of the foregoing, I hold that the prayer on the motion is hinged on this court’s order of July 20, 2016 and affirmed on August 2, 2016, being a consequence of the order which lapsed on September 4, 2016.
“It is my further holding that the extent that the continued sealing and occupation of the said seized properties are hinged on the order of November 3, 2016 by Justice Abang, this court is not seized of the full materials and indeed is unable to comment on the order made by Justice Abang.”
Justice Dimgba also ruled that “the applicant should investigate the circumstances surrounding the ex parte application” with which the EFCC obtained the November 3 order to verify if the anti-graft agency made full disclosure of the history of orders on the said property to Justice Abang.
The judge also held that the governor was entitled to approach Justice Abang’s court with his application for the setting aside of the order, if he has a stronger case.
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