By Mike Ojo
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 Solomon Peter Alamsieyeseigha.
The property situated at No 1, Community Road, Allen Avenue, Ikeja, Lagos, was forfeited to the Federal Government by virtue of the judgement delivered by Justice M. L. Shuaibu of a Federal High Court in Lagos on 30th July, 2007 in a suit marked FHC/L /328C/2005 between FRN vs Alamsieyeseigha & 6 others.
Chard Harpers Properties Limited had subsequently bought the property for the sum of N280 million from the Federal Government through the Economic and Financial Crimes Commission (EFCC) on 22nd January, 2010.
The firm was said to have been put into peaceful possession of the property until the 2nd of March, 2021 when a writ of attachment issued on 25th February, 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 Ltd, 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 donated by the judgement 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.
Delivering judgement in the matter, Justice Aluko noted that the proceedings of 29th October, 2924 has 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 discovery that the proceeds from the sale of the property had been remitted to the account of 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 realiser 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’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
