A Federal High Court sitting in Lagos has granted an application by the Economic and Financial Crimes Commission (EFCC) for the final forfeiture of 431 mobile phones recovered during investigations into a major cyber-fraud operation.

 

Representing the EFCC, counsel Hannatu Kofarnaisa argued that the forfeiture proceedings were civil and non-conviction-based, aimed specifically at preventing property reasonably suspected to be proceeds of crime from being dissipated or transferred.

 

#### **Key Highlights of the EFCC’s Legal Submission:**

 

* **Statutory Basis:** The Commission relied on **Section 17(6) of the Advance Fee Fraud and Other Related Offences Act, 2006**, which explicitly states that a forfeiture order under the section does not require a criminal conviction.

* **Legal Precedents:** To support its position, the EFCC cited established judicial authorities, including *Dame Patience Jonathan v. FRN* and *La-Wari Furniture & Baths Ltd v. FRN & Anor*, arguing that the constitutionality of non-conviction-based civil forfeiture is fully settled by Nigeria's appellate courts.

* **Compliance:** The anti-graft agency demonstrated that it had satisfied all statutory requirements, including giving adequate public notice for interested parties to show cause before seeking the final order.

 

Satisfied with the submissions and legal arguments presented by the EFCC, Justice Deinde Dipeolu ruled that the application had merit and ordered the 431 mobile phones permanently forfeited to the Federal Government of Nigeria.