The Court of Appeal, Abuja Division has dismissed an appeal by the Economic and Financial Crimes Commission (EFCC) against the judgement of a Federal High Court which declared that two London properties belonging to a businessman, Benedict Peters were wrongly forfeited and should be released to him.
The court held, on Friday that those properties are assets belonging to the businessman and cannot be forfeited to any government.
The appellate court upheld the judgment of the trial Judge, Justice Binta Nyako and dismissed EFCC’s appeal challenging the judgement.
EFCC had approached the Appeal Court seeking to upturn the judgment of the trial Court that had ordered the Commission to release the properties to the AITEO boss.
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The Appeal Court had considered arguments on behalf of both parties and upheld the decision in the court below and further held that the trial court was right to have relied on a different judgment of the High Court of the Federal Capital Territory that had earlier found that Peters and his companies had established sufficient financial means to have acquired the properties.
Accordingly, the Appeal Court confirmed that the properties belonged to Mr. Peters and his companies and were not to be forfeited to any government.
It would be recalled that the EFCC had earlier obtained an interim order of forfeiture from Justice Nyako, with respect to two London properties belonging to Benedict Peters following which he successfully obtained an order from the same court before vacating the orders and directing their return to him.
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