The Court of Appeal in Lagos has overturned a Federal High Court ruling that nullified an interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) over 14 properties linked to former Kogi State governor, Yahaya Bello.
In a unanimous decision delivered virtually on Wednesday, Justice Yargata Nimpar, with Justices Danlami Senchi and Paul Bassi concurring, ruled that the lower court erred in law by relying on Section 308 of the 1999 Constitution to strike out the matter, rather than considering whether the properties should be permanently forfeited.
Justice Nimpar reinstated the preservation order and instructed the EFCC to move forward with a final forfeiture hearing.
The EFCC’s legal team, led by Rotimi Oyedepo (SAN), also included Bilkisu Buhari-Bala and Hanatu Kofanaisa.
The matter originated at the Federal High Court in Lagos, where Justice Nicholas Oweibo had granted an interim forfeiture order via an ex parte application.
The order allowed the EFCC to temporarily seize 14 properties located in Lagos, Abuja, and Dubai, which were suspected to be proceeds of unlawful activity.
The court further directed the EFCC to publish the order in two national newspapers, calling on any interested parties to show cause why the properties should not be permanently forfeited to the Federal Government.
Following the publication, Bello filed a notice to oppose the forfeiture and sought to vacate the interim order. He argued that the properties were acquired before he became governor and could not have been purchased with public funds from Kogi State.
Bello invoked Section 308 of the Constitution, asserting that as a sitting governor, he was immune from civil and criminal proceedings. His legal team also contended that the Proceeds of Crime Act, 2022 could not apply retroactively and argued that the EFCC’s action violated a restraining order issued by a Kogi State High Court, which barred the agency from probing state accounts. They further challenged the jurisdiction of the Federal High Court in Lagos, noting that the properties were located in Abuja, Kogi, and Dubai, while Bello resides in Lokoja.
In response, EFCC counsel Rotimi Oyedepo (SAN) argued that no Nigerian court had prohibited the commission from fulfilling its constitutional mandate. He insisted that the properties, including a luxury apartment in Dubai’s Burj Khalifa, were reasonably suspected to have been acquired through illicit means.
He also requested the forfeiture of an additional ₦400 million linked to the same investigation.
Justice Oweibo ultimately ruled in Bello’s favour, holding that Section 308 protected a sitting governor from all forms of civil and criminal proceedings. He declared the court lacked jurisdiction and struck out the case.
The EFCC, dissatisfied with the decision, filed an appeal seeking to reinstate the interim forfeiture order.
In its ruling, the Court of Appeal sided with the EFCC. Justice Nimpar held that constitutional immunity does not cover properties suspected to be proceeds of crime, and such assets can be preserved while forfeiture proceedings are ongoing.
“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited,” the appellate court ruled.
The Court of Appeal dismissed Bello’s preliminary objection as lacking merit, reinstated the interim forfeiture order, and directed the EFCC to continue with the final forfeiture proceedings.