The Economic and Financial Crimes Commission (EFCC) has been ordered by the Federal High Court sitting in Lagos to vacate the premises of Goodwill Private Schools in Ikorodu.
Justice O.A Owoeye gave the order In the suit number: FHC/L/MISC/702/2024 at the Federal High Court, Ikoyi yesterday (Monday, April 7, 2025) after hearing the Counsel of Goodwill Private Schools Limited, Dr. Benson Enikuomehin who led five other lawyers (Uzor Onwukwe, Esq, Omolola Omoyele,Esq, David O. Adedara,Esq, Kayode Mogbojuri Esq and Omolade Ebiwanno Esq) on the matter.
The order to vacate the premises of Goodwill Private Schools Limited Ikorodu, subsists till the determination of the case before the court .
Dr. Enikuomehin had argued that the processes filed by the EFCC contravened the provisions of Section 17 of the Advance Fee Fraud Act, 2006 regulating Non-Conviction forfeiture proceeding. He stated that the entire proceedings and the orders emanating thereof should be set aside as they are void ab initio and in law, which amounts to a nullity.
The counsel added that the provisions of Advance Fee Fraud Act section 17 upon which the application of the EFCC is premised contemplated that the Federal Government should be the only beneficiary of a Non- Conviction Forfeiture and not an individual like the case the EFCC brought to court, wherein the EFCC purportedly got an order of non-conviction forfeiture in the name of the Federal Government of Nigeria and handed same over to one Mrs. Olabisi Olaiya.
Dr. Enikuomehin stressed further that a simple contractual transaction between parties cannot form the basis of a forfeiture order as provided in section 17 of AFFA, 2006. He stated that the contractual transaction between Goodwill Private Schools and First City Monument Bank (FCMB) cannot lead into forfeiture proceedings under section 17 AFFA since the property under contention did not relate to proceeds of unlawful activity or crime.
He also informed the court that an order of final forfeiture can only be made upon application by a Motion on Notice to the court and not by a Motion ex parte with which the EFCC allegedly obtained same.
He contended that the procedure adopted by the EFCC is not a mere irregularity, but an incurably bad and void procedure.
Dr. Enikuomehin urged the Court to set aside the void proceedings and the orders made thereon.
In her reply, counsel to the EFCC, Hannatu Umar Kofarnaisa, argued that the court is functus officio of the matter and should not entertain the argument of Dr. Enikuomehin on behalf of Goodwill School.
She stressed that since Goodwill Private Schools Limited did not grant vacant possession of the School to Mrs. Olabisi Olaiya, the action of the school amounted to a proceed of crime.
Dr. Enikuomehin while rounding off his submission informed the court that operatives of the EFCC had taken over the premises of Goodwill School since February 27, 2025 thereby depriving the students from carrying out their academic activities especially those that are writing WAEC.
He told the court that the operatives of the EFCC are occupying the school till date.
The Judge thereafter made an order that the EFCC officials should vacate the school premises pending the determination of the case.
A date for the ruling will be communicated to the parties by the court.