Matters/Regulatory
Thomas v. Economic and Financial Crimes Commission
An interim forfeiture order discharged by proving provenance, asset by asset, inside the window the statute allows.
Forum
Federal High Court
Year
2021
Discipline
Regulatory
Outcome
Forfeiture discharged
The background
What happened
An interim order attached bank accounts and two properties on an ex parte application.
The client learned of the order through a publication in a national newspaper.
The show-cause window was already running when we were instructed.
The question for the court
Whether assets can remain attached where the applicant offers reasonable suspicion but the respondent proves a lawful source for each item.
Counsel
Regulatory and asset recovery defence team
Result
- The interim order was discharged in full.
- Accounts were unfrozen and the properties released from attachment.
- No charge followed on the facts alleged.
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+234 816 899 4065How it was argued
The case we put
Three lines of argument, run together rather than in the alternative.
Provenance, item by item
We produced a documentary trail for every attached asset — sale agreements, tax filings, remittance advices and bank confirmations — rather than a general denial.
The ex parte record was thin
The supporting affidavit disclosed no investigation step tying the assets to any predicate offence, and material facts known to the applicant had not been disclosed.
Proportionality of the attachment
Even on the applicant's own case, the value attached exceeded any conceivable interest, and the excess could not stand.
Why it matters
The first seventy-two hours decide these matters. Provenance assembled early is worth more than any submission made late.
Federal High Court · 2021
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