Judge Orders Fresh Service In Ex-FCT Minister’s London Property Forfeiture Case

Proceedings in the suit seeking the final forfeiture of a London property linked to the late former Minister of the Federal Capital Territory (FCT), Jeremiah Useni, were on Monday stalled at the Federal High Court in Abuja due to improper service of court processes.

The matter, marked FHC/ABJ/CS/2333/2025, came up for mention before Justice Binta Nyako, following a motion on notice dated December 18 and filed on December 22 by the Code of Conduct Bureau (CCB), seeking an order of final forfeiture of the UK property.

The application was moved by Sufyan Ibrahim Ahmad, counsel to the CCB, who told the court that the processes had been served and proof of service duly filed.

However, Justice Nyako questioned who exactly was served, noting that the respondents were the administrators of the estate of a deceased person.

Responding, Ahmad explained that service was first attempted at the deceased’s address in Jos, as contained in his asset declaration form, but no one was found there.

He said the court bailiff was later directed to a legal firm believed to be connected to the estate, but the firm declined service, stating it had no authority to receive court documents.

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According to the lawyer, the address of the deceased’s daughter in Abuja was subsequently obtained through the firm, and the processes were served on her.

Justice Nyako, however, asked whether the daughter was listed as an administrator of the estate on the face of the motion on notice, to which Ahmad responded in the negative. The judge also asked whether the deceased left a will, and the CCB’s counsel said they were not aware of any.

Faulting the mode of service, Justice Nyako held that the application could not be taken.

“You cannot take your application because you did not apply for substituted service,” the judge held.

She explained that in cases involving deceased persons, service must be effected on the administrators or executors of the estate, either directly, through their legal representatives, or by way of substituted service.

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“File an application for substituted service, get leave to publish it so anyone who is interested can join issues with you,” the judge held.

The court thereafter adjourned the matter to February 25 for mention.

The CCB, in the motion on notice filed on December 22, is seeking a final forfeiture of the London property, which it alleged was reasonably suspected to have been acquired with proceeds of unlawful activity.

The Bureau relied on the provisions of the Proceeds of Crime (Recovery and Management) Act, 2022, arguing that the court had the statutory and inherent powers to order the forfeiture.

According to the CCB, the court had earlier granted an interim preservation order over the property and directed that the order be published, inviting any person or authority with an interest to show cause why the property should not be forfeited to the Federal Government.

The Bureau maintained that no person or authority filed any process challenging the forfeiture within the prescribed period.

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Meanwhile, the Federal Government has filed criminal charges against Chief Mike Ozekhome, SAN, over alleged forgery and use of false documents in relation to the disputed London property.

The three-count charge, marked FCT/HC/CR/010/2026, was filed before Justice Peter Kekemeke of the Federal Capital Territory High Court, Maitama, Abuja.

The charge was instituted on behalf of the Attorney-General of the Federation by Osuobeni Akponimisingha, Head of the High-Profile Prosecution Department of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), alongside Ngozi Onwuka, an Assistant Chief Legal Officer.

At Monday’s proceedings, the Attorney-General of the Federation, represented by the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo, formally took over the prosecution from the ICPC, while the court fixed February 24 for arraignment.

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