The Court of Appeal in Lagos has reinstated the interim forfeiture order secured by the Economic and Financial Crimes Commission (EFCC) for 14 properties allegedly linked to Kogi State Governor, Yahaya Bello.
Delivering the lead judgment virtually on Wednesday, Justice Yargata Nimpar ruled that the Federal High Court erred in law when it previously struck out the forfeiture order based on Section 308 of the 1999 Constitution, which grants immunity to sitting governors.
The appellate court held that while Section 308 protects governors from civil and criminal prosecution, it does not extend to assets suspected to be proceeds of crime, and such properties can be subjected to investigation and preservation pending the outcome of a forfeiture process.
Justices Danlami Senchi and Paul Bassi concurred with the judgment, and the panel directed the EFCC to proceed with a final forfeiture hearing.
Background of the Case
The case dates back to February 22, 2023, when Justice Nicholas Oweibo of the Federal High Court, Lagos, granted the EFCC’s ex parte application for interim forfeiture of 14 properties allegedly acquired with funds traced to unlawful activity.
Rotimi Oyedepo (SAN), appearing for the EFCC, informed the court that the properties located in Lagos, Abuja, and Dubai were believed to have been purchased with proceeds of crime. Justice Oweibo also directed the EFCC to publish the interim order in national newspapers and invite anyone with interest to show cause why the properties should not be permanently forfeited.
Governor Bello, in response, challenged the order, asserting that:
- The properties were acquired prior to his election as governor.
- The EFCC’s action contravened Section 308 of the Constitution.
- The Proceeds of Crime Act, 2022 could not be applied retrospectively.
- The EFCC had no jurisdiction, as the properties were outside Lagos.
- An existing Kogi High Court order had restrained the EFCC from probing the state’s accounts.
In his counterargument, EFCC’s counsel insisted that the Commission had the constitutional mandate to investigate and preserve assets suspected to be illicit. He cited, among other properties, a luxury apartment in Burj Khalifa, Dubai, and an additional ₦400 million linked to the same probe.
Despite these arguments, Justice Oweibo vacated the interim order on April 26, 2023, ruling that Section 308 protected a sitting governor from such proceedings and struck out the case.
Appellate Court Ruling
However, the Court of Appeal disagreed with that position. In its judgment, the court ruled that:
“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited.”
It held that immunity does not cover illegally acquired assets, especially when no direct legal action is being taken against the governor himself. The appeal panel also dismissed Governor Bello’s preliminary objections as lacking merit.
With the reinstatement of the interim forfeiture order, the EFCC has now been cleared to move forward with full forfeiture proceedings regarding the 14 disputed properties.
