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LA-WARI FURNITURE & BATHS LTD
V.
FRN & ANOR

(2018) JELR 39625 (CA)

Court of Appeal 12 Jan 2018 Nigeria
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- The appeal concerns a motion ex parte filed by the first respondent seeking an order of forfeiture of monetary property in two bank accounts. - The appellant challenges the constitutionality of Section 17 of the Advance Fee Fraud and Othe

Case Details

Suit Number:CA/L/578A/2017
Judges:MOJEED ADEKUNLE OWOADE JCA CHIDI NWAOMA UWA JCA HAMMA AKAWU BARKA JCA
Counsel:Chief Mike Ozekhome, SAN with him, Jeff Kadiri, Esq., Charles Ogboli, Esq., Kamal Gani-Fawehinmi, Esq., C. Anyanwu, Esq. and Chimaobi Onigbo, Esq. For the Appellant; Rotimi Oyedepo, Esq. for the 1st Respondent; Chief I. A. Adedipe, SAN with him, G. I. Abibo, SAN, A. A. Akimbola, Esq., S. A. Somiari, Esq., M. Aderuku, (Miss), Alex A. Adedipe, Esq. and J. P. Ojo, Esq. for the 2nd Respondent.

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision/Ruling of Hon. Justice C. M. A. Olatoregun of the Federal High Court, Lagos Judicial Division, delivered on the 26th day of April, 2017 in suit No. FHC/L/CS/640/2017.

On 26/04/2017, the 1st Respondent as Applicant in the Court below filed a Motion Ex-Parte in which the Appellant and the 2nd Respondent were named as parties praying for an order of forfeiture of monetary property in Account No. 2110001712 Domiciled in SKYE Bank PLC in the name of Dame Patience Jonathan AND Account No. 2022000760 Domiciled in ECOBANK NIGERIA LIMITED in the Name of LA WARI FURNITURE AND BATHS LIMITED pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14 of 2006.

The said Motion Ex-Parte for an Order of Interim Forfeiture was brought under Section 17 of the Advance Fee Fraud and other Fraud Related Offences Act No. 14 2006, Section 44 (2) (K) of the Constitution of Fe…

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