Court affirms firm’s ownership right on property seized from Alamsieyeseigha

Justice Akintayo Aluko of a Federal High Court in Lagos has affirmed the ownership right of a firm, Chard Harpers Properties Limited, on a property seized by the Economic and Financial Crimes Commission (EFCC) from a former Governor of Bayelsa State, Diepreye Alamsieyeseigha.

The property, situated at No 1, Community Road, Allen Avenue, Ikeja, Lagos, was forfeited to the Federal Government by virtue of the judgment delivered by Justice M. L. Shuaibu of a Federal High Court in Lagos on July 30, 2007, in a suit marked FHC/L/328C/2005 between FRN vs Alamsieyeseigha and six others.

Chard Harpers Properties Limited subsequently bought the property for the sum of N280 million from the Federal Government through the Economic and Financial Crimes Commission (EFCC) on January 22, 2010.

The firm was said to have been put into peaceful possession of the property until March 2, 2021, when a writ of attachment, issued on February 25, 2021, was executed on the property.

Piqued by the development, Chard Harpers Properties Limited filed a lawsuit to challenge the legality of the action.

The suit marked FHC/L/CS/512/2021 has the Deputy Sheriff, Federal High Court, Ikoyi, Real Estate Derivatives Limited, Bayelsa State Government, and the Economic and Financial Crimes Commission (EFCC) as 1st to 4th defendants.

In its arguments, the plaintiff (Chard Harpers Properties Limited) averred that the enabling power to sell the property by the EFCC was pursuant to the judgment of Justice M. L. Shuaibu.

The plaintiff further argued that the writ of attachment on the property, issued at the instance of the 3rd defendant (Bayelsa State Government), was irregular, wrongful, and liable to be set aside.

In the course of trial, the 3rd defendant filed an application challenging the court’s jurisdiction to entertain the suit.

However, while delivering judgment in the matter, Justice Aluko noted that the proceedings of October 29, 2024, had an important role to play in resolving the issues.

According to the judge, on the said date, the 3rd defendant’s lawyer withdrew his client’s participation in the case following the discovery that the proceeds from the sale of the property had been remitted to the Bayelsa State Government.

“The withdrawal of the 3rd defendant from the suit and the admission of its counsel that the proceeds from the sale of the subject property had been remitted to the 3rd defendant is a confirmation by the 3rd defendant that the writ of attachment dated 25/2/2021, issued at the instance of the 3rd defendant, which ignited the cause of action in this suit, is irregular, wrongful, and needless.

“The 1st defendant, in a letter dated 9/3/2021, attached by the plaintiff as exhibit M010, conceded to the fact that the writ of attachment was irregularly issued without the leave of court.

“It is therefore the failure of the 3rd defendant to observe due diligence by reaching out to the EFCC as regards payment of proceeds realised from the sale of the property that led to the irregular issuance of the writ of attachment and its eventual wrongful execution and attachment of the plaintiff’s property,” the judge held.

Justice Aluko consequently granted all reliefs sought by the plaintiff and awarded N500,000 as cost of action in the firm’s favour.