An Islamic cleric, Nuhu Muhammed, has asked a Federal High Court in Abuja to overturn a final forfeiture order that transferred ownership of a N70 million property to the Federal Government.

In an application filed through his lawyer, Mike Enahoro-Ebah, Muhammed maintained that he is the rightful owner of the property and accused the Economic and Financial Crimes Commission of obtaining the forfeiture order through misrepresentation and concealment of key facts.

Justice James Omotosho had on February 18 granted the final forfeiture of the property, located in Gwarimpa, Abuja, following a motion filed by EFCC counsel, Emenike Mgbemele. The commission argued that it had complied with an earlier directive to publish an interim forfeiture notice in a national newspaper, inviting interested parties to contest the action.

According to the EFCC, the property, a four-bedroom detached bungalow with a penthouse and boys’ quarters, was suspected to have been acquired with proceeds of unlawful activities. The agency’s case, supported by an affidavit from investigator Alozie Andrew, traced the N70 million used for the purchase to funds linked to the Kogi State Internal Revenue Service.

The investigator alleged that Oseni Yakubu, while serving as chairman of the agency, authorised payments to a consultant firm and received kickbacks, which were then used to acquire the property through payments made to EFAB Properties Ltd.

Muhammed, however, disputed the EFCC’s account, insisting that the property was legitimately his. He is seeking to have the forfeiture order set aside on grounds including denial of fair hearing, procedural irregularities, and alleged distortion of facts. He also asked the court to compel the commission to release documents seized from him in connection with the property.

His lawyer argued that the cleric had been in peaceful possession of the property since August 2017 and only became aware of the forfeiture proceedings after the deadline to challenge the interim order had passed. He criticised the publication of the notice in BusinessDay newspaper, noting that it has limited circulation in Okene, Kogi State, where his client resides.

The defence further claimed that although the EFCC had prior contact details for Muhammed, it failed to serve him directly or notify occupants of the property, despite knowing a tenant lived there. Efforts were made to file responses and seek additional time, counsel said, but the documents were reportedly not found in the court file when the ruling was delivered.

Muhammed, in his affidavit, explained that the property was given to him in 2017 by Yakubu as a gift in fulfilment of financial obligations for spiritual services rendered. He said he chose to receive the payment in the form of property rather than cash.

In response, the EFCC filed a counter-affidavit urging the court to dismiss the application, maintaining that the property was purchased using illicit funds and merely registered in Muhammed’s name. The commission added that a statement attributed to Yakubu indicated the funds were linked to unlawful activities allegedly carried out under the direction of former Kogi State Governor, Yahaya Bello.

Justice Omotosho has scheduled April 15 for hearing in the matter.