Connect with us

News

Reprieve for Aisha Achimugu as court of appeal discharges EFCC of powers to freeze her accounts

Published

on

Please Kindly Share This Story

The Court of Appeal in Port Harcourt, Rivers State, has delivered a major setback to the Economic and Financial Crimes Commission (EFCC) in its prolonged financial restrictions against businesswoman Aisha Achimugu.

The appellate court declared that the continued freezing of 124 bank accounts linked to Ms Achimugu was  an abuse of court process and a subversion of the rule of law.

In a unanimous judgment, a three-member panel of the court discharged and vacated the ex parte order obtained by the EFCC more than 15 months earlier to freeze the accounts of Achimugu and several corporate entities associated with her.

The court also overturned the Federal High Court’s order directing the reversal of ₦1.8 billion transferred from a SunTrust Bank account to a Central Bank of Nigeria (CBN)/EFCC recovery account.

However, the appellate court’s decision did not validate the EFCC’s transfer of the money, leaving open the question of the legal basis upon which the anti-graft agency moved the funds.

The judgment was delivered by Justice Muhammad Ibrahim Sirajo, who sat with Justices Ishaq Mohammed Sani and Eleojo Enenche.

The case dates back to April 10, 2025, when the Federal High Court in Port Harcourt, presided over by Justice Turaki Adamu, granted an ex parte application by the EFCC to freeze 124 bank accounts allegedly linked to Achimugu, a businesswoman and founder of Oceangate Engineering Oil & Gas Ltd.
The order directed the affected banks to restrict outward transactions from the accounts.

But the freezing order soon became the subject of another legal battle after Achimugu challenged its continued enforcement. She alleged, among other things, that the EFCC had directed SunTrust Bank, through a letter dated April 24, 2025, to transfer funds from one of the frozen accounts into a CBN/EFCC recovery account even though the freezing order was still in force.

The controversy escalated when the Federal High Court, on August 27, 2025, ordered the reversal of ₦1.8 billion transferred from account number 0001313173 domiciled with SunTrust Bank. Justice Adamu held the transfer to be illegal and directed that the money be returned.

The EFCC challenged that decision at the Court of Appeal.
The appellate court agreed with the EFCC on one crucial point but, in doing so, exposed what it considered a fundamental evidentiary problem in the lower court’s handling of the accounts.
The court found that the accounts expressly captured by the April 10, 2025 freezing order included current accounts belonging to Drive.FGC.Net and Felak Concepts Ltd.
According to the judgment, Drive.FGC.Net’s current account carried a balance of ₦50,518,009.57, while Felak Concepts Ltd’s account had ₦16,220,608.37. But the ₦1.8 billion that became the centre of the dispute was held in a fixed deposit account, while another ₦7.79 billion was linked to internal ledger account numbers 2010155010 and 2010155011.
The appellate court questioned the lower court’s treatment of the accounts as identical.

It pointedly observed that the trial court had failed to explain how an account holding about ₦50 million could at the same time have yielded ₦1.8 billion for transfer.
The implication was decisive: the account containing the ₦1.8 billion was not among those expressly covered by the original freezing order.

The Court of Appeal therefore set aside the order directing the reversal of the ₦1.8 billion. But it carefully stopped short of giving the EFCC a clean bill of health.
The appellate court expressly stated that its decision did not amount to a declaration that the EFCC’s decision to transfer the money was lawful.

That distinction could prove significant in any subsequent legal proceedings over the disputed funds.

While the EFCC succeeded on the question of the ₦1.8 billion, it suffered a more consequential defeat over the continued freezing of the 124 accounts.
The anti-graft agency had argued that the Federal High Court acted improperly by delivering its ruling during the annual vacation and that it had been denied fair hearing. The Court of Appeal rejected both arguments.

Justice Sirajo held that delivering a reserved judgment during the court’s annual vacation did not amount to the conduct of general legal business and did not occasion a miscarriage of justice.
On fair hearing, the court noted that both sides had filed further affidavits and counter-affidavits on the disputed transfer. The court concluded that the parties had been adequately heard.
But the appellate court drew a firm constitutional and procedural line over the continued use of the ex parte order.
It held that such an order is intended to be temporary, principally to preserve disputed funds pending the hearing and determination of the substantive application.
Allowing the freezing order to remain in force for more than 15 months, the court held, amounted to an abuse of court process and a subversion of the rule of law.

The appellate court consequently discharged and vacated in its entirety the April 10, 2025 ex parte order freezing and restricting the accounts of Achimugu and the corporate entities associated with her.
The ruling effectively ends the interim restrictions that had kept the accounts frozen for more than a year.

The judgment also exposes a deeper procedural issue in the use of ex parte financial restrictions: an order intended as a short-term preservation mechanism cannot, in the court’s view, be allowed to morph into an open-ended restraint without the substantive case being properly determined.

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

NDC disowns presidential campaign council unveiled by OK Movement

Published

on

Please Kindly Share This Story

The leadership of Nigeria Democratic Congress, NDC, has disowned the Presidential Campaign Council, PCC, set up by the OK Movement ahead of the 2027 general elections.

This is contained in a statement signed by the party’s National Chairman, Cleopas Moses, on Saturday.

Moses stated that the announcement made by one John Ugulu was not authorised and did not come from the party.

According to him, going forward, no individual or group is authorised to announce, constitute or publish any campaign structure or organ in the name of the party without the approval of the party’s National Working Committee, NWC.

The statement partly read: “The leadership of our party, the Nigerian Democratic Congress, NDC, has noted with concern a publication credited to one John Ugulu, announcing a Presidential Campaign Council, PCC, under the guise of the OK Movement.

“For the avoidance of doubt, the party wishes to state categorically as follows: The party hereby dissociates itself in totality from the said OK Movement PCC announcement. It did not emanate from the party and should be disregarded by the public and the media.

“All candidates of the party must appreciate that they are not running as independent candidates. They are products of the party and remain subject to the authority and discipline of the party. Therefore, only the party’s leadership can constitute and announce a PCC.

“No member, candidate or support group should, under any guise, undermine the party or demarcate the party. The party recognises and deeply appreciates the contribution of all support groups and encourages their continued support. We welcome even more support groups who identify with our mission to rescue Nigeria.

“While the party will continue to work collaboratively with all support groups, such groups should not see themselves as alternative party structures or parallel organs of the party.”

 

Continue Reading

News

25 dead bodies recovered as families remain uncertain over fate of 500 residents abducted from Niger communities

Published

on

Please Kindly Share This Story

25 decomposing bodies belonging to victims of a mass abduction that took place in four communities in Niger state have been recovered.

They were part of residents that were abducted by terrorists Dekara, Kpenya, Sabon-Gida and Gidan-Zana in Borgu Local Government Area.

The bodies were recovered after the communities were reportedly alerted on Monday by the abductors to come and identify and retrieve the bodies.

The victims were said to be among about 500 worshippers abducted after Friday Jumm’at prayers on August 21, 2026.

25 bodies were recovered and later given a mass burial in a nearby bush.

The reported killings have heightened anxiety among families whose relatives remain in captivity, with residents saying they are increasingly uncertain about the fate of the remaining abductees.

A source said the abductors allegedly warned that more captives could be killed if their ransom demands were not met.

“They first asked each family to bring N10 million for each captive, but later reduced it to N5 million. There is no way we can afford it,” he said.

 

Continue Reading

News

Democracy: NHRC calls for people-centered policies, robust debate, respect for human rights, dignity

Published

on

Please Kindly Share This Story

Ahead of the 2027 general election, the National Human Rights Commission (NHRC), has urged authorities and policy makers to prioritize rights of citizens and respect for human dignity over and above the quest to win election and occupy leadership position,

The Executive Secretary of the Commission, Chief Tony Ojukwu, SAN, made the call on Wednesday, as Nigeria joins the rest of the world to commemorate the 2026 International Day of Democracy.

Ojukwu said the day reminds us that democracy is not just about elections, but about the dignity, voice, and rights of every citizen.

He stated that democracy represents the freedom to speak, to choose, to participate, and to hold power accountable without fear; and called on all politicians, political parties and their supporters to exercise restraint and responsibility in public utterances.

He further stressed that democracy thrives on debate, not on hate speech, inciting statements, ethnic profiling, or threats.

A statement by Hajia Fatimah Agwai Mohammed, Director Corporate Affairs and External Linkages at the Commission, quoted Ojukwu to have reiterated that words can build peace or destroy the nation, and urged the political class to make campaigns issue-based and shun any language capable of inciting violence or undermining national unity.

The Chief Human Rights Officer of the country noted that the Commission will continue to monitor hate speech and electoral violence. He called on every eligible Nigerian to rise above voter apathy and actively exercise their civic rights, adding that citizens should not stay away from the polls, sell votes, or believe that votes do not count as these emanate from voter apathy.

Chief Ojukwu lamented that democracy dies when citizens withdraw, and remain silent, he emphasized that the Permanent Voter’s Card remains the power of the people to choose desired leaders.

He therefore urged citizens to come out, vote, and make votes count, describing the choice of leaders as both a right and a duty to Nigeria.

The Executive Secretary who is also the President of the Network of National Human Rights Institutions in West Africa (NNHRI-WA) called on the Federal Government, the Independent National Electoral Commission, and all security agencies to ensure a level playing field for all.

He further stated that government must guarantee the safety of voters, journalists, observers, human rights defenders and the citizens at large.

“Anyone regardless of status or party affiliation, who attempts to make the polity unbearable, who sponsors violence, vote-buying, voter suppression, or attacks on democratic institutions ahead of the 2027 General Elections, must be promptly investigated and prosecuted in accordance with the law, adding that impunity remains the greatest threat to democracy.

In conclusion, Chief Ojukwu called for commitment to a democracy that delivers not just elections, but justice, equality, and human rights for all.

 

Continue Reading

Trending