Appeal Court Reinstates EFCC’s Seizure Order On 14 Properties Linked To Yahaya Bello

The Court of Appeal in Lagos has restored an interim forfeiture order that allowed the Economic and Financial Crimes Commission (EFCC) to temporarily seize 14 properties allegedly connected to former Kogi State Governor Yahaya Bello.

Justice Yargata Nimpar, who read the unanimous ruling virtually on Wednesday, said the Federal High Court made a legal error when it canceled the initial order.

That lower court had relied on Section 308 of Nigeria’s Constitution, which protects sitting governors from civil and criminal cases.

But according to Justice Nimpar, while a governor may be immune from prosecution, that immunity doesn’t cover assets suspected to be linked to crime.

She ruled that the EFCC has the right to investigate and secure such properties while a forfeiture case is ongoing.

Two other appeal court judges, Justices Danlami Senchi and Paul Bassi, agreed with the ruling and instructed the EFCC to continue with its bid for permanent forfeiture.

Back in February 2023, Justice Nicholas Oweibo of the Federal High Court in Lagos had granted the EFCC permission to temporarily seize the properties located in Lagos, Abuja, and Dubai.

The EFCC, represented by senior lawyer Rotimi Oyedepo (SAN), argued that the assets were likely proceeds of unlawful activities.

The court also directed the EFCC to publish the order in newspapers to give any interested parties a chance to respond.

Yahaya Bello later challenged the order, claiming the properties were bought before he became governor and couldn’t have come from state funds.

His legal team further argued that the Proceeds of Crime Act, 2022 could not be applied retrospectively, as the properties were allegedly acquired before the law came into effect.

They further argued that EFCC’s action violated an order of a Kogi State High Court restraining the agency from investigating state accounts and that the Federal High Court in Lagos lacked jurisdiction, as the properties were located in Abuja, Kogi, and Dubai, while he resides in Lokoja.

In reply, the EFCC maintained that it had not been legally stopped from performing its duties.

The agency pointed to the suspicious nature of the assets including a high-end apartment in Dubai’s Burj Khalifa  and sought to add N400 million to the list of assets under forfeiture.

Initially, in April 2023, Justice Oweibo reversed his earlier decision and struck out the case, citing the governor’s constitutional immunity.

Dissatisfied with the decision, the EFCC appealed, asking the Court of Appeal to restore the interim forfeiture order.

In its ruling, the appeal court said the lower court was wrong to throw out the case and should have proceeded to examine whether the properties should be permanently forfeited.

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

The court dismissed all objections raised by Governor Bello and reinstated the original forfeiture order, clearing the way for the EFCC to pursue final forfeiture of the assets.

KanyiDaily recalls that Yahaya Bello recently married a fourth wife, Hiqma, in a low-key ceremony that took place in Abuja.