Judgment
HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgement): By this application brought by way of a motion on notice pursuant to Order 6 Rule 1 (a), (b) of Court of Appeal Rules, 2021, Section 6(6) and 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and under the inherent jurisdiction of this Honorable Court prays for the following reliefs: – 1. An Order of this Honorable Court for stay of execution or further execution of the judgment of the Trial Court in Suit No.
FHC/ABJ/CS/468/2020 delivered on the 14th February, 2022 by which the Interim Order of Forfeiture made on 13th May, 2020 was made Final with respect to the 23 properties belonging to the Appellants/Applicants pending the Hearing and determination of the Appeal filed by the Appellants/Applicants against the said judgment. 2.
An Order of injunction restraining the 1st Respondent either by himself, officers, servants, agents, privies, assigns or representatives howsoever called or described from taking any step, action or doing anything whatsoever, adverse to the interests, rights, benefits and privileges conferred on the Appellants/Applicants as the bonafide owners of the 23 properties belonging to the Appellants/Applicants or in any way give effect to any Order(s) made in the Judgment of the trial Court delivered on the 14th of February, 2022 as it relates to the said properties, pending the hearing and determination of the Appellants’/Applicants’ appeal before this Honourable Court. 3.
And for such Order or further Order(s) as this Honourable Court may deem fit to make in the circumstances of this application. The Grounds upon which this application is brought are: 1. That the 1st respondent by an ExParte Motion approached the trial Court for an Order of Interim Forfeiture of the assets and properties listed in a Schedule of Assets/properties attached to the said Motion to the Federal Government of Nigeria. 2.
That on the 15th of May, 2020, a publication was made in the Leadership newspaper of an Interim Order of Forfeiture made by the Trial Court on the 13th of May, 2020 on why a Final Order of Forfeiture to the Federal Government of Nigeria should not be made. 3. That pursuant to the said Order, the Appellants/applicants herein filed a Notice to show Cause on the 29th of May, 2020 disclosing reasons why the Interim Order of Forfeiture should not be made Final. 4.
