Court Upholds Firm’s Ownership Of Property Seized From Ex-Bayelsa Gov, Alamieyeseigha

Justice Akintayo Aluko of the Federal High Court, Ikoyi, Lagos, has upheld Chard Harpers Properties Limited’s ownership rights over a property in Ikeja, Lagos, that was originally seized from former Bayelsa State Governor, Diepreye Solomon Peter Alamieyeseigha.

The court’s verdict brings to an end a long-standing dispute involving the Economic and Financial Crimes Commission (EFCC) and the Bayelsa State Government.

The property, located at No. 1 Community Road, Allen Avenue, Ikeja, was forfeited to the Federal Government (FG) following a 2007 judgment by Justice M. L. Shuaibu.

In 2010, Chard Harpers Properties purchased the property for N280 million through a public sale conducted by the EFCC.

The firm held peaceful possession until March 2, 2021, when a writ of attachment was executed on the property by the Deputy Sheriff of the Federal High Court on behalf of Bayelsa State, effectively seizing the asset.

Challenging the legality of the action, Chard Harpers Properties initiated a lawsuit against the Deputy Sheriff, Real Estate Derivatives Ltd, the Bayelsa State Government, and the EFCC.

In its suit, marked FHC/L/CS/512/2021, the firm argued that the EFCC had the proper authority to sell the property and that the writ of attachment initiated by Bayelsa State was legally flawed and should be set aside.

During trial proceedings, Bayelsa State’s counsel submitted an application questioning the court’s jurisdiction over the matter.

However, on October 29, 2024, Bayelsa State withdrew its participation after confirming that proceeds from the property sale had already been deposited into the state’s account.

This withdrawal, according to Justice Aluko, effectively validated Chard Harpers’ ownership claim.

Justice Aluko stated, “The withdrawal of the 3rd defendant from the suit and the admission of its counsel that the proceeds from the sale of the subject property had been remitted to the 3rd defendant is a confirmation by the 3rd defendant that the writ of attachment is irregular, wrongful, and needless.”

The judge further criticized Bayelsa State for failing to verify the payment status before issuing the writ, noting that the oversight led to wrongful execution against the property.

He referenced a March 9, 2021, letter from the Deputy Sheriff acknowledging the irregular issuance of the writ without court approval.

Ultimately, Justice Aluko ruled in favour of Chard Harpers Properties, granting all reliefs sought by the firm and awarding N500,000 in costs.