Justice Akintayo Aluko of the Federal High Court in Ikoyi, Lagos, has affirmed the ownership rights of Chard Harpers Properties Limited over a property located in Ikeja, Lagos, which was initially seized from former Bayelsa State Governor Diepreye Solomon Peter Alamieyeseigha.
The ruling marks the end of a protracted legal dispute involving the Economic and Financial Crimes Commission (EFCC) and the Bayelsa State Government.
The property, situated at No. 1 Community Road, Allen Avenue, Ikeja, was originally forfeited to the Federal Government in 2007 under a judgment by Justice M.L. Shuaibu.
In 2010, Chard Harpers Properties legally acquired the property for N280 million through a public auction conducted by the EFCC, maintaining peaceful possession of it until March 2, 2021, when Bayelsa State attempted to seize it via a writ of attachment executed by the Deputy Sheriff of the Federal High Court.
In response, Chard Harpers Properties filed a suit, FHC/L/CS/512/2021, challenging the legitimacy of the writ of attachment.
The firm argued that the EFCC, having conducted a legitimate sale, had the authority to transfer ownership.
Chard Harpers also contended that Bayelsa State’s writ of attachment lacked a sound legal basis and should be declared void.
During court proceedings, Bayelsa State’s legal representatives filed an application questioning the Federal High Court’s jurisdiction in the matter.
However, on October 29, 2024, Bayelsa State withdrew from the proceedings after acknowledging that the sale proceeds had already been credited to its account.
Justice Aluko interpreted this withdrawal as an implicit confirmation of Chard Harpers' legitimate ownership.
In his judgment, 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.”
Justice Aluko further criticized the Bayelsa State Government for issuing the writ without verifying the payment status of the proceeds, which led to an unnecessary execution against the property.
He referenced a letter dated March 9, 2021, from the Deputy Sheriff, admitting the writ’s issuance without proper court authorization.
In a final ruling, Justice Aluko granted all reliefs sought by Chard Harpers Properties and awarded the firm N500,000 in costs, thereby reinforcing the firm’s ownership of the Ikeja property.
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