The Federal High Court in Abuja has ordered the permanent forfeiture of a multi billion naira expanse of lands approved for the Goodluck Jonathan Legacy Model Housing Estate to the Federal Government.
Justice Mohammed Umar granted the motion on notice moved by Osuobeni Akponimisingha, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which was not opposed by the defence lawyer, Hassan Liman, SAN.
Justice Umar directed the ICPC, on behalf of the Federal Government, to supervise the construction of the lands to the completion of the 962 housing units as earlier proposed.
The judge held that the supervision should be done in collaboration with the Federal Mortgage Bank of Nigeria (FMBN), the sole respondent in the case, and ensure the utilisation of the housing units by end users.
Justice Umar said, “An order is hereby made for the final forfeiture of Plot No. 5 in Cadastral Zone D12, Kaba District, Abuja, measuring approximately 122015.80 m² and valued at N1,944,375,000.00 (one billion, nine hundred forty-four million, three hundred and seventy-five thousand naira).
“An order is hereby made for the final forfeiture of Plot No. 4 in Cadastral Zone D12, Kaba District, Abuja, measuring approximately 157198.30 m² and valued at N3,340,500,000.00 (three billion, three hundred forty million, five hundred thousand naira), suspected of being proceeds of unlawful activity.
“An order is hereby made directing the applicant, through the ICPC, to facilitate the handover of the forfeited properties to the respondent, i.e., the Federal Mortgage Bank of Nigeria, being the victim of the alleged unlawful activity.”
Justice Umar, in the ruling delivered on Dec. 11 but the enrolled order sighted by the News Agency of Nigeria (NAN) on Tuesday, further directed the ICPC and FMBN to set up a committee whose membership is to be drawn from both agencies to implement the completion of the project.
NAN reports that Justice Umar had, on July 9, granted the anti-corruption commission’s prayer to temporarily take over the lands, after Akponimisingha moved a motion ex parte to that effect.
Justice Umar held that the interim forfeiture of the multi-billion-naira assets approved by the FMBN shall be pending the hearing and determination of the substantive suit.
The ICPC had, in the motion ex parte marked FHC/ABJ/CS/1124/2025, listed FMBN as the sole respondent.
The lands were suspected of being proceeds of an unlawful activity.
It equally sought an order directing the commission to take over and secure the said immovable property from being converted to personal use or sold off to unsuspecting members of the public.
The ICPC further sought an order directing the commission to publish a notice in any national newspaper for interested person(s) to show cause why the assets should not be permanently forfeited to the Federal Government.
Giving 14 grounds why the application should be granted, the agency said the alleged assets were allocated by the Federal Capital Territory Administration (FCTA) freely for the construction of 962 residential housing units through the FMBN.
In the affidavit deposed to by an ICPC officer, Iliya Marcus, he averred that the commission received an intelligence report that the FMBN engaged a private developer to construct 962 residential housing units under the National Housing Fund Scheme.
According to him, the commission, in its usual characteristic of proactiveness, launched discreet preliminary investigation activities into the said intelligence report and discovered the following:
The FMBN requested and got approval to commence construction of the “Goodluck Jonathan Legacy Model Housing Estate” on July 30, 2012.
Marcus said following the approval, a framework agreement between FMBN and Good Earth Power Nigeria Limited was entered on Jan. 27, 2012.
He said, as a sequel to the said framework agreement, the bank appointed a consultant for the project vide a letter dated Feb. 1, 2012.
He said the appointment of the consultant was to assist in monitoring the housing project on behalf of the FMBN to report milestones to enable the bank to pay the developer of the proposed estate.
He said investigation revealed that FMBN sought and obtained a loan facility of 65 million U.S. dollars from Ecobank Limited for the construction of the 962 residential housing units through Good Earth Power Nigeria Limited, a private company, for the benefit of low-income earners.
He said the tenure of the project was for 18 months.
Marcus said the FMBN, through the then managing director, paid to Good Earth Power Nigeria Limited the sum of N3,785,000,000.00 as a drawdown on Nov. 22, 2012.
He said the alleged sum of money was paid as a drawdown without evidence of registration with the Real Estate Developers Association by Good Earth Power Nigeria Limited as a precondition for such payment.
“Investigation also revealed that the Federal Mortgage Bank of Nigeria has paid the full project amount of 65 million dollars to Good Earth Power Nigeria Limited without a single house on the project site,” he said.
He said though the FMBN was established by the Federal Government to provide affordable housing support for Nigerians, from actionable intelligence available to the commission, the property developer, Good Earth Power Nigeria Limited, was making clandestine moves to sell off the said immovable property to unsuspecting members of the public.
He said if this is done, it would be difficult to recover the plots of land from them.
The officer added that if the application was not granted, “the way the 65 million dollars was dissipated without anything to show for it, the land will follow the same way.”
Akponimisingha informed the court of the motion ex parte, seeking the interim forfeiture of the two plots of land.
According to the ICPC lawyer, the land in question was part of a massive housing project initiated during the administration of former President Goodluck Jonathan.
He said the project was reportedly awarded to the developer, said to have received $65 million, equivalent to over ₦14 billion at the time, from FMBN.
The estate, he said, was to be named in honour of the former president.
Akponimosin, however, told the court that no single house had been constructed on the land since the funds were disbursed.
He stated that the property, presently now worth over ₦200 billion, and the promoters of the company, including some American nationals, had allegedly fled and remained unreachable.
He explained that though Good Earth Power Nigeria Limited is already facing trial before Justice James Omotosho of a sister court, the forfeiture request was a separate matter aimed at securing the land for the benefit of Nigerians and FMBN.
He urged the court to grant the plea.
In his ruling, Justice Umar granted the interim forfeiture and questioned why the entire project sum was paid upfront without corresponding progress on the ground.
The judge then adjourned the matter until Oct. 27 for a report of compliance. (NAN)
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