Appeal court restores EFCC’s order to forfeit Yahaya Bello’s properties

The Lagos Division of the Court of Appeal has reinstated an interim forfeiture order previously granted to the Economic and Financial Crimes Commission (EFCC), allowing the agency to seize 14 properties allegedly linked to former Kogi State Governor, Yahaya Bello

The interim order was initially granted by Justice Nicholas Oweibo on February 22, 2023, but later vacated on April 26, 2023. Justice Oweibo had ruled that Section 308 of the Nigerian Constitution shields a sitting governor from civil or criminal proceedings, forming the basis for dismissing the case.

However, in a unanimous judgment delivered virtually on Wednesday, Justices Yargata Nimpar, Danlami Senchi, and Paul Bassi held that the lower court erred by relying solely on Section 308 without determining whether the properties in question should be permanently forfeited.

Justice Nimpar clarified that constitutional immunity does not protect assets suspected to be proceeds of unlawful activity and such properties can be subject to investigation and interim preservation.

“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited,” the court ruled.

The appellate court dismissed Bello’s preliminary objections, restored the interim forfeiture order, and directed the EFCC to proceed with the final forfeiture proceedings.

The order permits the EFCC to temporarily seize 14 properties located in Lagos, Abuja, and Dubai, which are suspected to have been acquired through illicit means. Justice Oweibo had earlier instructed the EFCC to publish the forfeiture order in two national newspapers to allow any interested parties to contest the move.

Following the publication, Bello challenged the order, claiming the properties were purchased before his time in office and could not have been funded with state resources. Represented by Senior Advocate Abdulwahab Mohammed, he invoked Section 308 to argue that the EFCC had no authority to proceed against him while he was governor.

Bello also contended that the Proceeds of Crime Act, enacted in 2022, could not be applied retroactively to properties allegedly acquired before the law came into effect. He maintained that the EFCC was in violation of a Kogi State High Court order barring the agency from investigating state accounts.

Furthermore, Bello challenged the jurisdiction of the Lagos court, arguing that the properties were situated outside Lagos—in Abuja, Kogi, and Dubai—and that he resided in Lokoja.

EFCC counsel Rotimi Oyedepo (SAN) countered the claims, stating no Nigerian court had restricted the agency’s constitutional powers. He argued that the properties, including a high-end apartment in Dubai’s Burj Khalifa, were reasonably suspected to be proceeds of crime. He also requested that an additional N400 million, tied to the investigation, be forfeited.

While Justice Oweibo originally ruled in Bello’s favor and dismissed the case for lack of jurisdiction, the EFCC took the matter to the Court of Appeal, which has now reversed that decision and reinstated the interim forfeiture.

Follow Us on Facebook – @LadunLiadi; Instagram – @LadunLiadi; Twitter – @LadunLiadi; Youtube – @LadunLiadiTV for updates