Appeal court reinstates forfeiture of 14 properties linked to Yahaya Bello

The Court of Appeal in Lagos has reinstated the interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) for 14 properties allegedly linked to former Kogi State Governor, Yahaya Bello.

The decision, delivered virtually on Wednesday by Justice Yargata Nimpar, overturned an earlier ruling by a Federal High Court that had set aside the EFCC’s forfeiture order. Justice Nimpar, speaking on behalf of a unanimous three-man panel, ruled that the lower court misinterpreted Section 308 of the 1999 Constitution, which grants immunity to serving governors.

The appellate court clarified that while a sitting governor cannot be subjected to criminal or civil proceedings during their tenure, that immunity does not extend to properties suspected to be proceeds of unlawful activities.

Other members of the panel Justices Danlami Senchi and Paul Bassi agreed with the ruling and directed the EFCC to continue with the final forfeiture hearing.

In February 2023, Justice Nicholas Oweibo of the Federal High Court in Lagos had granted the EFCC’s request to temporarily seize the 14 properties located in Lagos, Abuja, and Dubai. EFCC counsel, Rotimi Oyedepo (SAN), argued that the assets were believed to be proceeds of crime. The court also directed the EFCC to publish the order in national newspapers, allowing anyone with interest to contest the forfeiture.

Governor Bello later filed a motion to vacate the order, claiming that the properties were acquired before he became governor and therefore could not have involved Kogi State funds. His legal team argued that the EFCC lacked the jurisdiction to act against a sitting governor, invoking Section 308 of the Constitution. They also challenged the retrospective application of the Proceeds of Crime Act, 2022, and cited a Kogi State High Court ruling restraining the EFCC from probing state finances.

However, the EFCC maintained that the properties, including a luxury apartment in Dubai’s Burj Khalifa, were linked to suspected illicit activities and sought the forfeiture of an additional ₦400 million tied to the case.

While Justice Oweibo had initially granted the order in February 2023, he later vacated it in April 2023, citing lack of jurisdiction due to the governor’s constitutional immunity.

Following this, the EFCC appealed the decision. The Court of Appeal, in its judgment, dismissed Bello’s objections as lacking merit and ruled that the EFCC was within its rights to investigate and preserve assets suspected to be linked to unlawful activity.

With the reinstated interim forfeiture now in place, the EFCC is expected to proceed with the hearing for permanent forfeiture of the properties.