Appeal Court Restores EFCC’s Forfeiture Order On Yahaya Bello’s 14 Properties

The Lagos Division of the Court of Appeal has reinstated an interim forfeiture order secured by the Economic and Financial Crimes Commission (EFCC), allowing the agency to seize 14 properties allegedly linked to former Kogi State Governor Yahaya Bello.

The initial order was granted by Justice Nicholas Oweibo on February 22, 2023, but later set aside on April 26, 2023, after the judge held that Section 308 of the Nigerian Constitution shielded a sitting governor from civil or criminal proceedings.

However, in a unanimous ruling delivered virtually, Justices Yargata Nimpar, Danlami Senchi, and Paul Bassi of the Court of Appeal overturned that decision. Justice Nimpar held that Justice Oweibo had erred in applying constitutional immunity to the case, emphasizing that Section 308 does not protect properties suspected to be proceeds of crime from investigation and forfeiture.

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

The appellate court dismissed Bello’s preliminary objection, restored the interim forfeiture order, and directed the EFCC to proceed with its final forfeiture application.

The EFCC had alleged that the 14 properties—located in Lagos, Abuja, and Dubai—were acquired with illicit funds. Justice Oweibo had also directed the agency to publish the forfeiture notice in two national newspapers, inviting interested parties to contest the move.

Bello, through his lawyer Abdulwahab Mohammed (SAN), opposed the forfeiture, claiming the properties were purchased before his tenure as governor and not with state funds. He also invoked Section 308, arguing that the EFCC lacked legal grounds to pursue the case while he was in office.

He further argued that the Proceeds of Crime Act of 2022 could not apply retroactively and that a Kogi State High Court order barred the EFCC from probing the state’s finances. He also challenged the jurisdiction of the Federal High Court in Lagos, pointing out that the properties were outside Lagos and that he resided in Lokoja.

EFCC counsel Rotimi Oyedepo (SAN) countered that no court had barred the agency from performing its duties and maintained that the properties, including a luxury apartment in Dubai’s Burj Khalifa, were reasonably suspected to have been acquired with criminal proceeds. He also sought the forfeiture of an additional N400 million tied to the same case.

Justice Oweibo had initially ruled in Bello’s favor, citing lack of jurisdiction, prompting the EFCC to appeal. The Court of Appeal has now ruled in the agency’s favor, enabling it to continue efforts to permanently seize the properties.