FG’s Planned Sale of Disputed Abuja Estate Sparks Legal Controversy

FG’s Planned Sale of Disputed Abuja Estate Sparks Legal Controversy

Lawyers Describe Move as Contempt of Court and Subversion of Due Process

ABUJA — The Federal Government’s plan to sell a massive estate in Abuja linked to embattled former Central Bank Governor, Godwin Emefiele, has drawn sharp criticism from legal experts and civil society advocates, who describe the move as a brazen disregard for judicial authority and due process.

The estate, situated in the Lokogoma area of the Federal Capital Territory and comprising over 753 housing units on more than 150,000 square metres, was initially seized by the Economic and Financial Crimes Commission (EFCC) and declared forfeited to the government through a December 2, 2024, order granted by Justice Jude Onwuegbuzie of the FCT High Court.

Touted by the EFCC as the “largest single asset recovery” in its history, the estate is now the subject of a legal battle, with Mr. Emefiele challenging the forfeiture in the Court of Appeal. Despite the pending appeal, the Federal Government recently announced plans to auction the estate to low- and middle-income Nigerians.

Legal Challenge and Allegations of Concealment

On April 30, 2025, Emefiele, through his legal counsel A.M. Kotoye (SAN), filed a formal appeal seeking to overturn the High Court’s ruling. He contends that the forfeiture proceedings were carried out without his knowledge, in violation of his constitutional right to fair hearing.

Emefiele alleges that the EFCC deliberately failed to notify him of the forfeiture action, even as he was simultaneously managing three separate criminal cases in Lagos and Abuja. He further asserts that the agency published the interim forfeiture notice in an obscure section of a newspaper to avoid detection.

In his appeal, Emefiele is asking the appellate court to set aside the interim and final forfeiture orders dated November 1 and December 2, 2024, respectively. He argues that the trial court erred by dismissing his application and failing to properly consider the facts presented. According to him, the orders were secured on the basis of “hearsay, suspicion, and no proper evidence.”

Doctrine of Lis Pendens and Rule of Law Concerns

Legal analysts warn that the Federal Government’s move to sell the estate while litigation is ongoing amounts to a violation of the doctrine of lis pendens, which prohibits the disposal of property that is the subject of an active legal dispute.

“Once a notice of appeal has been filed and served, any transaction involving the contested property becomes sub judice,” said a senior constitutional lawyer who asked not to be named. “Going ahead with the sale undermines the authority of the courts and may ultimately render the transaction null and void.”

Critics argue that the government’s actions may be interpreted as contempt of court and a dangerous precedent that could erode public confidence in the judicial system.

“This is not just a legal misstep — it’s an assault on the rule of law,” the lawyer added. “It sends the wrong message that the government can sidestep due process when it suits its interest.”

Emefiele’s Appeal and Government Response

In addition to the appeal, Emefiele’s legal team has petitioned the Minister of Housing, demanding that all plans to auction or allocate the estate be suspended until the Court of Appeal renders a decision.

“We have served both the EFCC and relevant authorities with the notice of appeal and a formal request to stay all actions relating to the property,” the legal team said in a letter to the ministry. “Proceeding with the sale at this time would be premature and legally indefensible.”

The government, however, insists that the forfeiture was lawfully obtained and that the planned auction aligns with its housing policy to provide affordable homes for Nigerians. The EFCC maintains that the newspaper publication of the forfeiture notice satisfied the legal requirement for notification, and that Emefiele had ample opportunity to contest the action but failed to do so in time.

A Test of Institutional Integrity

Observers say the unfolding case will be a crucial test of the government’s commitment to transparency and the rule of law, particularly in the context of its anti-corruption drive.

“If this sale goes ahead in defiance of a pending appeal, it would raise serious questions about the government’s respect for judicial oversight,” said a public affairs analyst. “The integrity of our institutions is at stake.”

For now, all eyes are on the Court of Appeal in Abuja, where the legal battle continues — and where a ruling will determine not only the fate of the contested estate but also the credibility of the nation’s justice system.