JUSTICE Emeka Nwite of the Federal High Court sitting in Abuja, on Wednesday, ordered a final forfeiture of the sum of $13 million linked to Aisha Achimugu and her company, Oceangate Engineering Oil and Gas Limited.
The judge, in a ruling, ordered that the funds traced, found and recovered by the Economic and Financial Crimes Commission (EFCC) from Nigeria Upstream Petroleum Regulatory Commission (NUPRC)’s account domiciled with the Central Bank of Nigeria (CBN) be forfeited, having been reasonably suspected to be proceed of unlawful activities.
Justice Nwite, in the ruling on the motion for final forfeiture of the funds filed by the EFCC, held that neither Oceangate nor Achimugu, had been able to show to the court that the money was legitimately gotten.
The judge held that the argument by Oceangate’s lawyer, Darlington Ozurumba, that the $13 million came from gifts to Achimugu and earnings from gas and oil-related contacts could not be substantiated by material facts.
He also dismissed Ozurumba’s argument that the court lacked jurisdiction to have granted the August 22, 2025 interim forfeiture order, while the court sat as vacation court.
Justice Nwite agreed with the submission of the EFCC’s counsel, Rotimi Oyedepo, SAN, that relevant laws, including Order 46(5) of the Federal High Court, Section 17 of the Advance Fee Fraud Act, 2006, and others, were complied with in granting the order for the interim forfeiture of the money.
The judge also described the argument that the anti-graft agency was a meddlesome interloper since no person or corporate body had approached it to complain that their money was missing as baseless.
According to the judge, the respondent/applicant failed to demonstrate to the court how it was able to earn the funds sought to be forfeited.
“All that is contained in the affidavit to show cause before this court are mere insinuations that the said sums are proceeds from gifts and earnings from oil and gas-related contracts.
“The interested party herein has not shown the particulars of the individuals who gave this huge and mind-blowing gifts. In any event, the said Aisha Achimugu, who purportedly received these gifts, had not shown cause before this court, while this sums should not be forfeited.
“The only party, who has attempted to show cause is Oceangate Oil and Gas Limited. The applicant/respondent (EFCC), having fulfilled the requirements of the law, has now approached this court for final forfeiture order.
“It should also be noted that steps taken by the applicant is permitted by the 1999 Constitution (as amended).
“In the final analysis, I am of the view and I so hold that the respondent applicant (Oceangate) had not discharged the legal obligation placed on it to show this honourable court the legitimacy of the funds sought to be forfeited and appplicant/respondent (EFCC) had satisfied the requirements for the grant of its application for final forfeiture,” the judge stated.
Consequently, the court made an order for the final forfeiture to the Federal Government the sum of $13 million traced, found and recovered from Nigeria Upstream Petroleum Regulatory Commission Commission’s account domiciled with the CBN, which sum is reasonably suspected to be proceed of unlawful activities.”
The judge then directed the commission to publish the order in a national daily for interested person(s) to show cause within 14 days why the fund would not be permanently forfeited to the Federal Government.