Lagos — The Court of Appeal has affirmed the final forfeiture to the Federal Government of over N293 million in cash, investment units, and multiple high-value properties linked to retired Major-General Emmanuel Atewe, former Commander of the Military Joint Task Force, Operation Pulo Shield.
In a unanimous judgment delivered on Wednesday, Justice Boloukuromo Ugo dismissed Atewe’s appeal against an earlier ruling by the Federal High Court in Lagos, describing the appeal as lacking merit.
The assets include N293.97 million, 30,000 MTN-linked units held in Stanbic IBTC Asset Management Limited, and several plots of land in prime Abuja locations such as Outer Northern Expressway, Jahi, Sabon Lugbe, Kuje, Gaube Farmland Extension II Layout, and Sector Centre B Layout. A commercial property in Yenagoa, Bayelsa State, is also affected.
The Economic and Financial Crimes Commission (EFCC) had traced the assets to funds allegedly diverted from billions of naira released for the operations of the Joint Task Force in the Niger Delta. The anti-graft agency claimed that approximately N8.537 billion meant for the operation was siphoned through a network of companies and proxies, with some proceeds used to acquire properties and investments linked to Atewe.
The case forms part of a larger investigation into the alleged diversion of Operation Pulo Shield funds, which also led to the prosecution of former NIMASA Director-General Patrick Akpobolokemi and others.
Atewe had challenged the final forfeiture order, arguing that the proceedings were incompetent. He claimed protection under Section 123 of the Armed Forces Act, insisted the case should not proceed while his separate money laundering trial was ongoing, and questioned the Federal High Court’s jurisdiction.
The Court of Appeal rejected all his arguments. Justice Ugo’s panel ruled that the Armed Forces Act protection does not apply to retired officers, noting that Atewe himself admitted his retirement status in court papers.
The appellate court further held that his explanations regarding the source of the assets which he attributed to honoraria were unsatisfactory and failed to establish legitimate ownership. The justices also clarified that the initiation of civil forfeiture proceedings alongside pending criminal charges does not amount to an abuse of court process.
The Federal High Court, presided over by Justice Chukwujekwu Aneke, had first issued an interim forfeiture order before making it final after Atewe failed to provide convincing proof of legitimate acquisition.
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