If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? - Crime - Nairaland
Nairaland Forum › Nairaland General › Crime › If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? (9667 Views)
| If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ManirBK(op): 9:33am On Jul 16 |
According to deepseek ai chat. The short answer is yes, but it is extremely difficult. Once a Nigerian court issues a final forfeiture order, the property permanently transfers to the Federal Government. The owner loses all legal rights to it. However, the law provides a narrow window for the original owner to challenge the order, mainly through an appeal or an application to "set aside" the judgment. Success is rare and hinges on proving a fundamental flaw in the legal process. ⚖️ Grounds for a Challenge · Lack of Fair Hearing: If the owner can prove they were not properly notified, they may have grounds to challenge the forfeiture. In one case, a former CBN Governor argued the forfeiture notice was "obscure," but the court rejected this, noting a half-page ad in a national newspaper was sufficient. · Procedural Violations: The order may be challenged if the prosecution failed to meet strict statutory deadlines, such as applying for final forfeiture within 60 days of an interim order. · Lack of Evidence: The owner can argue the prosecution failed to prove the assets were proceeds of crime. However, courts often find that mere claims of ownership are insufficient to overturn a final order. ⏳ The Critical Factor: Timing Time is of the essence. In one high-profile case, an applicant’s motion was dismissed because the court ruled he had ample opportunity—over 14 days—to contest the forfeiture but failed to act. This emphasizes that once a final order is granted, the window for legal action is very short and closes quickly. 🏛️ Who Can Challenge? Only an individual who can demonstrate a "recognizable interest" in the forfeited property is entitled to challenge the order. You cannot challenge a forfeiture on behalf of someone else; you must prove a direct, personal stake in the assets.
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| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ManirBK(op): 9:34am On Jul 16*. Modified: 10:02am On Jul 16 |
Chaiii, looters deserve to face public condemnation in the Market place or publicly punished in the town square |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by lawani(m): 9:41am On Jul 16 |
The case is about the source of money used to acquire the property. If a civil servant buys something worth 50 billion naira in 2025 when his asset declaration form says he was worth 50 million naira in 2024 the asset will be seized if he can not explain how he came about the money. If he can explain they will not be able to seize the assets. In any country where they are sane you can't keep assets if you can't explain how you got the money to acquire them. It is basic common sense. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Zonefree(m): 9:41am On Jul 16 |
Once a Nigerian court issues a final forfeiture order, the property permanently transfers to the Federal Government What happens to the properties after being transferred to the Federal Government. Another set of corrupt politicians or government officials will still share the properties amongst themselves. Fighting corruption with corruption. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Babangidapikin: 9:49am On Jul 16 |
Is it everyone that read newspapers , what if the asset falls under a trust and the beneficiary are not even aware because there's a timeline. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Kemical23(m): 9:50am On Jul 16 |
Zonefree:they are not fighting corruption rather they are just fighting their enemies.... If they want to fight corruption then almost 98 percent of the leaders in this this country has one or two corruption charges including all the security forces..... |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Zonefree(m): 9:52am On Jul 16 |
Kemical23:Agreed 💯. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by lawani(m): 10:14am On Jul 16 |
In a place like the USA, there is no HNI whose money has no history. If your money has no history then you are a criminal. Any politician that can not publish his asset declaration form is a criminal |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ebuk4real(m): 12:25pm On Jul 16 |
We dey here. Time will tell. APC will learn lesson
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| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by KosiGee(m): 12:25pm On Jul 16 |
In China, Malami and up to 90% of Nigerian politicians would face the firing squad. People like Dino is still on social media showing off his fleet of exotic cars. People like this should be in prison. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Sheuns(m): 12:25pm On Jul 16 |
There are hundreds of politicians including those in power now who possess a lot of belongings that their salaries cannot explain. You see them wear expensive wristwatches, drive luxury cars and all. Note that these people were either civil servants or have been politicians all their lives. Some are governors others are ministers. Some are former governors. Some have boasted how rich they are that they are even richer than some states in Nigeria. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by wunmi590(m): 12:26pm On Jul 16 |
![]() Yes, you can always get your property back, if the money used to get them are clean and if thorough investigation have been done and it shows that the monies are clean, you are good to go.. But in this case, it is as good as gone, it would be sold and he might position some of his friends to buy it and now re-buy it from them, thats how Nigeria works now |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Helpfromabove1(m): 12:28pm On Jul 16 |
My question is what is the fate of the staff of this organization Like baze university and the hotel among others Do they close down the businesses we know government is not good at running business It does not look like a gain for the economy looking from another angle Yes a gain at fighting corruption but otherwise for employment and the economy at large |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by free2ryhme: 12:28pm On Jul 16 |
ManirBK:Corruption steals from the system, and then corruption finds a way to take it back again. This is the unfortunate state of governance in Nigeria. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by stuffs2002: 12:28pm On Jul 16 |
ebuk4real:All these bitter politics will get you nowhere. The one wey Una do 4 years ago anly make more people to vote Tinubu because Una too attacked Tinubu so much so that many Nigerians voted for him out of sympathy |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by moscow007: 12:29pm On Jul 16*. Modified: 12:58pm On Jul 16 |
In japan they make dwalf stature (not taller than hips length) of bad and corrupt leaders in public places and allow people slap and curse them as they are passing. Nigerians can emulate this pending when we secure death penalty laws for them. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by BarrElChapo(m): 12:35pm On Jul 16 |
The problem is when it is auctioned off, who buys them and at what rate ? Then again which money will the next buyer use to buy them. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by LordYon08: 12:35pm On Jul 16 |
He can even get it back and you’ll not know. Same court can pass another order. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Helpfromabove1(m): 12:36pm On Jul 16 |
moscow007:In Nigeria statures are for heroes who have done great for Nigeria except you want to make corruptions also the act of heroism |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ufotunang: 12:36pm On Jul 16 |
With bribery and connection he can get it back... |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by PDPdestroyer(m): 12:36pm On Jul 16 |
Obidients will side with the looter in this case, just watch |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ppogba: 12:42pm On Jul 16 |
Kemical23:Then, when are we as the citizens especially the enlightened Begin to see them as our collective enemies and not just " their enemies"? |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Cleties(m): 12:46pm On Jul 16 |
Im suggesting that they should be transparency and accountability when it comes managing all the resources in each agency |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by GodHimself(m): 12:47pm On Jul 16 |
Stealing doesn't require as much intelligence as keeping, maintaining and growing what you stole. ManirBK: |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Cleties(m): 12:49pm On Jul 16 |
Cleties:how would this kinda public out burst happen in our democracy ,,just thought we might be still at infant stage of our governance |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Image123(m): 1:01pm On Jul 16 |
Shey Malami wan use AI find out? AI attorney general. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Heffalump(m): 1:02pm On Jul 16 |
The biggest looters are in government. After forfeiture, then who finally gets the properties? Don't tell me it's the government because many properties forfeited in the past to the govt cannot be traced anywhere. They have all stolen them. It's actually like the game of the throne, where the powerful dismantles others to take up the mantle of the throne and its spoils. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by Goinhard: 1:06pm On Jul 16 |
moscow007:I tell you my brethren that it's a waste of concrete... Better way is China way ... Take their breath and treat them as common thief. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by chicfarmer: 1:08pm On Jul 16 |
The problem is when the government decides to auction these properties. E go shock 😲 you say these same criminals go follow back to buy them back through proxies. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by UrVillageChief: 1:28pm On Jul 16 |
Kemical23:Maybe the enemies too should stop being corrupt or what do you think? As long as the said enemies are not falsely accused, why should their trial bother any sane person? If every one of them starts fighting his corrupt enemies, in just a few years, corruption would become a thing of the past. |
| Re: If Properties Declared Final Forfeiture By A Court Can The Owner Get Them Back? by ebuk4real(m): 1:29pm On Jul 16 |
Lol.. keep deceiving yourself. Who Voted Tinubu out of sympathy? I blame PMB that kept body that elections will be free and fair which made everyone to be relaxed until we saw the travesty that happened. Now that we are alert, let Tinubu try rubbish again, Na die. Hope you've heard rig and die right? ![]() stuffs2002: |
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