JUST IN: Appeal Court Reinstates EFCC’s Forfeiture Order on Yahaya Bello’s Alleged Properties

The Court of Appeal in Lagos has reinstated an interim forfeiture order secured by the Economic and Financial Crimes Commission (EFCC) to seize 14 properties allegedly linked to former Kogi State governor, Yahaya Bello. Justice Yargata Nimpar, who delivered the unanimous judgment virtually on Wednesday, held that the Federal High Court erred in law when it relied on Section 308 of the 1999 Constitution to strike out the order. She ruled that the constitutional immunity granted to sitting governors does not extend to properties suspected to be proceeds of unlawful activity.

The appellate court emphasized that such assets can be subject to investigation and preservation, pending the outcome of a forfeiture application. Justices Danlami Senchi and Paul Bassi concurred with the decision and ordered the EFCC to proceed to a final forfeiture hearing.

The original interim forfeiture order was granted by Justice Nicholas Oweibo of the Federal High Court, Lagos, in February 2023. EFCC’s counsel, Rotimi Oyedepo (SAN), had told the court that the 14 properties in Lagos, Abuja, and Dubai were suspected to be proceeds of crime. Justice Oweibo granted the EFCC permission to temporarily seize the assets and directed that the order be published in two national newspapers, inviting interested parties to show cause why the properties should not be permanently forfeited.

In response, Bello challenged the order, asserting that the properties were acquired before he became governor and could not have been bought with state funds. He relied on Section 308 of the Constitution to argue that the EFCC had no legal basis to act against a sitting governor. His legal team also contended that the Proceeds of Crime Act, enacted in 2022, could not be applied retroactively. Additionally, they argued that the EFCC’s actions violated a Kogi State High Court order restraining it from investigating state accounts and that the Federal High Court in Lagos lacked jurisdiction over properties located outside its territory.

The EFCC countered that no Nigerian court had barred it from discharging its constitutional responsibilities. The agency claimed the properties, including a luxury apartment at the Burj Khalifa in Dubai, were likely acquired through unlawful means and sought the forfeiture of an additional ₦400 million connected to the same investigation.

Justice Oweibo lifted the forfeiture order in April 2023, ruling that Section 308 shielded Bello from legal proceedings while in office. He subsequently struck out the case for lack of jurisdiction. The EFCC appealed this decision, asking the Court of Appeal to restore the forfeiture order.

In its ruling, the appellate court agreed with the EFCC, stating that the lower court should have determined whether the properties should be permanently forfeited rather than striking out the case. The court dismissed Bello’s preliminary objections, reinstated the interim forfeiture order, and ordered that the case proceed to a final forfeiture hearing.