Court strikes out ex-convict's suit seeking to repossess proceeds of crime property

An ex-convict and a former Manager of a bank in Enugu, Mr. Oliver Anidiobi has failed in his bid to repossess a property he used the proceeds of his crime to acquire. 

The pardoned offender in suit the filed after his pardon by Governor Peter Mbah, made to reclaim a property built through the proceeds of his crime.

But the bid, on Monday, failed in an Enugu State High Court presided over by Honorable Justice Cyprian Ajah (PHD), who struck out the suit filed by the ex-convict, Anidiobi.

Anidiobi was convicted and sentenced to 8 years imprisonment on November 2nd 2021, for forgery and stealing the sum of N219 Million Naira deposited for Fixed Deposit by Ohha Microfinance Bank Limited.

Oliver Anidiobi, who the Enugu State government recently granted pardon to on the 31st December 2024, filed the suit demanding to recover one of properties which he acquired with the proceeds of the crimes and ordered by the court to be attached and sold and the proceeds be paid to Ohha Microfinance Bank Ltd the nominal complainant. 

The Particulars of the action filed by the said Oliver Anidiobi through his lawyer are:

Suit No.E /911M/2025, OLIVER ANIDIOBI VS. THE FEDERAL REPUBLIC OF NIGERIA, 2. Economic and financial crimes commission, 3. Ohha microfinance bank ltd, 4. THE ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE ENUGU STATE, 5. THE CHAIRMAN PREROGATIVE OF MERCY MINISTRY OF JUSTICE, 6. THE CHIEF REGISTRAR HIGH COURT ENUGU. 

Background of The Case:

The above-mentioned matter was investigated by the Economic and Financial Crimes Commission (EFCC) and the suspect Oliver Anidiobi was charged to the court by the Commission on 7th May 2019, in Charge Number: E/162C/19, FEDERAL REPUBLIC OF NIGERIA VS. ANIDIOBI OLIVER CHUWUKA.

At the conclusion of the trial, the Honorable Court presided over by Justice Cyprian Ajah, delivered its’ judgment on 2nd November 2021, and the accused person was sentenced to eight years in imprisonment and the 3 properties which he acquired with the proceeds of the crimes ordered to be attached and sold and the proceeds be paid to Ohha Microfinance Bank Ltd.  

The convict subsequently filed an appeal at the Court of Appeal.

The Court of Appeal, Enugu Division, on the 13th September 2023, unanimously upheld the judgment of the High Court which convicted the accused person. 

The convict only spent 3 years in prison and on December 2024, in exercise of the Power of Prerogative of Mercy, the Governor of Enugu state Peter Mbah Esq. granted pardon to the convict.

The pardoned convict filed the lastest suit to recover some properties he acquired through the proceeds of crime, which were ordered by the court to be attached and sold and the proceeds paid to Ohha Microfinance Bank Limited, the nominal Complainant he duped of N219 million Naira.  

At the resume hearing, on Monday, C.F. Oziri (Mss), appeared for the Applicant, while Olu Omotayo Esq. appeared for Ohha Microfinance Bank Limited. Michael Ani, represented the Economic and Financial Crimes Commission (EFCC), and D.C. Odugu, appeared appeared for the Attorney General of Enugu State.

The lawyer to the Applicant C.F. Oziri (Miss), applied to withdraw the suit. The counsels for the Respondents didn't oppose the withdrawal.

The Presiding Judge Honorable Justice Cyprian Ajah, held that "in view of no objection by the respondents to the withdrawal, the suit is hereby struck out accordingly."