The Court of Appeal in Lagos has overturned a previous ruling by the Federal High Court, reinstating the Economic and Financial Crimes Commission’s (EFCC) interim forfeiture order on 14 properties allegedly linked to former Kogi State Governor, Yahaya Bello — including a luxury apartment at the Burj Khalifa in Dubai.
In a unanimous decision delivered virtually on Wednesday, Justice Yargata Nimpar, alongside Justices Danlami Senchi and Paul Bassi, ruled that the lower court erred in law when it dismissed the EFCC’s application based on Governor Bello’s constitutional immunity under Section 308. The appellate court maintained that immunity does not extend to assets suspected to be proceeds of crime.
Justice Nimpar ordered the restoration of the interim forfeiture and directed the EFCC to proceed with the hearing for the final forfeiture of the properties.
The EFCC had initially secured the interim order from Justice Nicholas Oweibo of the Federal High Court in Lagos, allowing the agency to temporarily seize 14 properties located in Lagos, Abuja, and Dubai, which were suspected to have been acquired with funds linked to corruption.
The order was obtained through an ex parte motion and required the EFCC to publish the notice in two national dailies, inviting interested parties to present reasons why the properties should not be permanently forfeited to the Federal Government.
Yahaya Bello, through his legal team, had contested the order, arguing that the properties were acquired before he assumed office and could not be linked to public funds. His lawyers further cited Section 308 of the 1999 Constitution, claiming the EFCC lacked the legal standing to institute proceedings against him while he remained governor.
They also argued that the Proceeds of Crime (Recovery and Management) Act, 2022, could not be applied retroactively and cited a restraining order previously issued by a Kogi State High Court against the EFCC’s investigations into state accounts. Additionally, they questioned the Federal High Court’s jurisdiction, pointing out that the properties in question were located outside Lagos and that Bello resided in Lokoja.
However, EFCC counsel Rotimi Oyedepo (SAN), supported by Bilkisu Buhari-Bala and Hanatu Kofanaisa, countered the claims, insisting that no court had stopped the EFCC from performing its constitutional duties. Oyedepo maintained that the seized properties, including the Burj Khalifa apartment and an additional N400 million linked to the same investigation, were reasonably suspected to be proceeds of illicit enrichment.
Justice Oweibo had initially ruled in Bello’s favour, striking out the case and upholding the argument that Section 308 shielded him from legal action while in office.
Unhappy with the decision, the EFCC appealed, leading to the latest judgment.
Delivering the verdict, the Court of Appeal held that the trial court should have determined the merit of the forfeiture request rather than dismissing it based on constitutional immunity. The court dismissed Bello’s preliminary objections and affirmed that the EFCC could continue its efforts to confiscate the properties pending the outcome of the final forfeiture hearing.
