A Federal High Court in Ikoyi, Lagos State, has dismissed a suit filed by Dorathy Akarobo Imande challenging the forfeiture of assets allegedly linked to her husband, while also rejecting her N50 million damages claim against the Department of State Services (DSS) and the Federal Government of Nigeria.
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Justice Akintayo Aluko, who delivered judgment in the suit marked FHC/L/CS/321/2023, held that the applicant failed to establish allegations of fraud, misrepresentation, unlawful seizure, and violation of rights against the first and second defendants.
Imande’s husband, Osadebamwen Henry Akarobo, was listed as the third defendant in the matter.
The applicant, through her counsel, C.A. Monaligum, had asked the court to set aside an earlier forfeiture order granted in April 2022, which affected a residential property in Ikorodu, a Toyota Venza, passports, electronic devices, and cash allegedly seized during a 2021 search operation.
She also sought N50 million in damages, claiming the DSS and the Federal Government unlawfully seized the items and infringed on her rights.
But the counsel for the DSS, M.A. Bajela, opposed the application, arguing that its operatives acted pursuant to a valid search warrant and in accordance with the law.
The agency maintained that the assets were reasonably suspected to be proceeds of unlawful activities allegedly linked to Osadebamwen Henry Akarobo, who was accused of involvement in pipeline vandalism.
In his judgment, Justice Aluko held that the evidence before the court showed that the DSS obtained both interim and final forfeiture orders after complying with due process, including publication in national newspapers to allow any interested party to challenge the forfeiture.
The judge found that Imande was aware of the forfeiture proceedings but failed to act within a reasonable time, noting that she waited for more than one year before instituting the present action.
He described the delay as substantial and said it undermined the credibility of her challenge.
The court also rejected her contention that the search of the premises was unlawful, observing that documents tendered by the applicant herself indicated that she and a relative endorsed the search report at the time the operation was conducted.
On the request for the release of additional items, Justice Aluko held that there was no credible evidence of ownership and no sufficient proof that the items were being unlawfully detained by the authorities.
He further noted that some of the passports listed in the application belonged to persons who were not parties to the suit, making it improper for the court to grant relief concerning them.
Citing settled legal principles, the judge emphasised that the court could not sit on appeal over its own earlier decision except in exceptional circumstances, which, he said, were not established by the applicant.
Consequently, the court dismissed the suit in its entirety for lacking merit and reaffirmed the validity of the earlier forfeiture order made in April 2022 by Justice Peter O. Lifu, who now sits in another division of the Federal High Court.
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