By Ihechi Enyinnaya
The Federal High Court in Lagos has directed the Economic and Financial Crimes Commission (EFCC) to vacate the premises of Goodwill Private Schools Limited in Ikorodu immediately, pending the resolution of the ongoing case.
This order was issued on Monday, April 7, 2025, by His Lordship, Hon. Justice O.A. Owoeye, at Court 10 of the Federal High Court in Ikoyi. The ruling followed arguments presented by Goodwill Private Schools Limited’s legal counsel, Dr. Benson Enikuomehin, who was accompanied by five other lawyers: Uzor Onwukwe, Esq., Omolola Omoyele, Esq., David O. Adedara, Esq., Kayode Mogbojuri, Esq., and Omolade Ebiwanno, Esq. Hannatu Umar Kofarnaisa, Esq., represented the EFCC.
Dr. Enikuomehin argued that the EFCC’s actions were in violation of Section 17 of the Advance Fee Fraud Act (AFFA) of 2006, which governs non-conviction forfeiture proceedings. He contended that the entire EFCC proceedings and the orders issued were void from the outset, rendering them legally invalid.
He further argued that Section 17 of the AFFA only allows non-conviction forfeiture for the Federal Government’s benefit, not for individuals. In this case, the EFCC had allegedly obtained a non-conviction forfeiture order in the name of the Federal Government of Nigeria and handed it over to Mrs. Olabisi Olaiya. Dr. Enikuomehin emphasized that a simple contractual agreement between parties, like the one between Goodwill Private Schools and First City Monument Bank (FCMB), cannot justify a forfeiture order under the AFFA.
He also noted that for an order of final forfeiture to be valid, it must be sought via a Motion on Notice, not an Ex Parte Motion, as was allegedly done by the EFCC. According to Dr. Enikuomehin, the EFCC’s process was not merely irregular but fundamentally flawed and void. He urged the court to set aside the proceedings and any orders arising from them.
In response, the EFCC’s counsel argued that the court was functus officio and should not entertain Dr. Enikuomehin’s arguments. They claimed that since Goodwill Private Schools Limited had not vacated the premises for Mrs. Olaiya, their actions were proceeds of crime.
Dr. Enikuomehin also informed the court that EFCC operatives had taken control of the Goodwill School premises on February 27, 2025, thereby disrupting academic activities, particularly for students preparing for the WAEC exams. He stated that the EFCC had continued to occupy the school.
Following these submissions, the judge ordered the EFCC to vacate the premises of Goodwill Schools until the case is resolved. A date for the ruling will be communicated to the parties involved.