KEY POINTS

• The EFCC has secured the final forfeiture of properties linked to a FIRS staff member.
• The forfeiture applies to properties in Abuja and Kano suspected of being acquired with illicit funds.
• The court ruled that both criminal and administrative actions could proceed simultaneously.

The Economic and Financial Crimes Commission (EFCC) has successfully secured the final forfeiture of two properties connected to Aminu Sidi Garunbabba, a senior staff member of the Federal Inland Revenue Service (FIRS).

The Federal High Court in Abuja granted the forfeiture order on Thursday, April 3, 2025, following an ex-parte motion filed by the EFCC’s counsel in March 2022.

The properties involved in the forfeiture include a four-bedroom terrace house with a boys’ quarter located in Barumark Groove Estate, Plot 667 Cadastral Zone BO3, Wuye District, Abuja, and another property situated at No. 5 Lodge Road in Kano State. These assets were linked to Garunbabba and suspected to have been acquired using proceeds from illicit activities.

Legal proceedings leading to the forfeiture

The motion for the final forfeiture was filed after an interim forfeiture order was issued by the court on February 16, 2022.

The interim order was published in a national newspaper to allow interested parties an opportunity to contest the forfeiture. However, no valid objections were raised that would prevent the permanent forfeiture of the properties.

At the final hearing, prosecution counsel Ekele Iheanacho, SAN, argued that the properties were reasonably suspected to have been acquired with proceeds from unlawful activities.

In response, the defense counsel raised a preliminary objection, claiming that an ongoing administrative disciplinary action must be completed before any investigation or prosecution of a public officer. However, this argument was dismissed by Justice Obiora Egwuatu, who ruled in favor of the EFCC’s request for final forfeiture.

Court ruling on the forfeiture case

Justice Egwuatu emphasized that the case at hand was not about proving criminal activities beyond a reasonable doubt but rather about reasonable suspicion.

According to Punch, the judge noted that public officers could be investigated and prosecuted even if administrative proceedings were still pending. He further explained that both criminal and civil actions could proceed simultaneously without one negating the other.

The judge also pointed out that the respondent, Garunbabba, failed to prove that the properties were acquired with legitimate earnings. “A person cannot be allowed to benefit from illegitimate acts,” the judge said. As a result, the court granted the final forfeiture of the properties to the Federal Government.