The Lagos Division of the Court of Appeal, Lagos, on Wednesday restored an interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) empowering it to seize 14 properties allegedly linked to former Kogi State Governor Yahaya Bello.
The forfeiture order, which was earlier granted by Justice Nicholas Oweibo on February 22, 2923, was later lifted on April 26,2023, on the ground that Section 308 of the Constitution protected a sitting governor from any civil or criminal proceedings.
But in a unanimous judgment delivered virtually by Justice Yargata Nimpar, alongside Justices Danlami Senchi and Paul Bassi, the appellate court held that Justice Oweibo erred in its legal interpretation by relying on Section 308 of the 1999 Constitution to dismiss the case, rather than evaluating whether the properties should be permanently forfeited.
Justice Nimpar held that immunity does not extend to properties suspected of being proceeds of unlawful activities, and such assets can be investigated and preserved pending the outcome of a forfeiture application.
“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited,” the upper court held.
Justice Nimpar, therefore, dismissed Bello’s preliminary objection as lacking merit, reinstated the interim forfeiture order, and directed the EFCC to proceed with the final forfeiture hearing.
The initial order granted the EFCC the right to temporarily seize 14 properties located in Lagos, Abuja, and Dubai, United Arab Emirates (UAE), suspected of being proceeds of unlawful activities.
The judge had also directed the EFCC to publish the order in two national newspapers, inviting interested parties to show cause as to why the properties should not be permanently forfeited to the federal government.
After the publication, former Governor Bello filed a notice to contest the forfeiture and requested that the interim order be vacated.
He argued that the properties were acquired before he was elected governor and could not have been purchased with Kogi State funds.
Through his lawyer, Abdulwahab Mohammed (SAN), Bello invoked Section 308 of the Constitution, which grants immunity to sitting governors from civil and criminal proceedings, contending that the EFCC lacked the authority to initiate any actions against him while in office.
He also argued that the properties listed were not the proceeds of an unlawful act, as they were acquired long before he was elected governor of Kogi State and could not have been acquired from Kogi State funds.
The former governor further submitted that the Proceeds of Crime Act of 2022 could not be applied retrospectively since the properties were allegedly acquired before the law came into effect.
He claimed that the EFCC’s actions violated a Kogi State High Court order that restrained the agency from investigating state accounts.
Bello had also insisted that the Federal High Court in Lagos lacked jurisdiction over the matter, saying the properties were located in Abuja, Kogi, and Dubai, while he resides in Lokoja.
In response, the EFCC counsel Rotimi Oyedepo (SAN) urged the court to uphold the interim forfeiture order, asserting that no Nigerian court had prohibited the commission from carrying out its constitutional duties.
Oyedepo argued that the properties, including a luxury apartment at the Burj Khalifa in Dubai, were reasonably suspected to have been acquired with proceeds from unlawful activities.
The lawyer had further asked the court to forfeit an additional N400 million linked to the same investigation.
Justice Oweibo ruled in favour of Bello, stating that the court lacked jurisdiction to entertain the matter and subsequently struck out the case.
Apparently dissatisfied with the verdict, the EFCC appealed, asking the Court of Appeal to restore the interim forfeiture order.
