Federal High Court orders EFCC to vacate Lagos school premises pending case resolution

The Federal High Court in Lagos has directed the Economic and Financial Crimes Commission (EFCC) to immediately vacate the premises of Goodwill Private Schools Limited in Ikorodu, pending the final determination of an ongoing legal dispute.

Justice O.A. Owoeye of Court 10, Federal High Court, Ikoyi, issued the order on Monday, April 7, 2025, after listening to arguments presented by the school’s counsel, Benson Enikuomehin, who led a team of five other lawyers. The EFCC was represented by legal officer Hannatu Umar Kofarnaisa.

During the hearing, Dr. Enikuomehin argued that the EFCC’s occupation of the school premises violated Section 17 of the Advance Fee Fraud and Other Related Offences Act (2006), which outlines the procedure for non-conviction-based forfeiture.

He maintained that the interim forfeiture was granted improperly through an ex parte application instead of a motion on notice, rendering the process null and void.

He further explained that the disputed property was acquired through a contractual transaction between Goodwill School and First City Monument Bank (FCMB), which, by law, does not constitute proceeds of crime under the provisions of AFFA.

The defence also criticised the Commission’s handover of the property to a private individual, Mrs. Olabisi Olaiya, insisting that only the Federal Government can legally benefit from forfeiture under non-conviction proceedings.

In response, EFCC counsel argued that the matter had already been decided by the court (functus officio) and that the school’s refusal to vacate constituted a criminal offence.

However, Enikuomehin countered by informing the court that EFCC operatives had occupied the school since February 27, 2025, halting academic activities, including preparations for the West African Senior School Certificate Examination (WASSCE).

Justice Owoeye ruled in favour of the school, ordering the EFCC to vacate the premises and refrain from further interference until the substantive case is resolved.

He stated that a date would be communicated for the court’s final decision on the matter.

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