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Yesterday, the Court of Appeal’s Lagos Division upheld the temporary forfeiture order that the Economic and Financial Crimes Commission (EFCC) had secured for 14 properties purportedly owned by former Kogi State Governor Yahaya Bello.
Using the constitutional immunity afforded to a sitting governor, the appellate court practically overturned a previous Federal High Court decision that had dismissed the EFCC’s case.
The trial court erred in using Section 308 of the 1999 Constitution to stop the proceedings, according to Justice Yargata Nimpar, who delivered the main opinion. Justices Danlami Senchi and Paul Bassi concurred.
According to the judge, property that may represent the profits of a crime is not immune from scrutiny or preservation.
She stated that the trial court erred by dismissing the case instead of deciding whether the properties should ultimately be forfeited.
According to a ruling by Justice Nicholas Oweibo of the Federal High Court in Lagos, the EFCC had secured the temporary forfeiture order. The judge gave the anti-graft commission permission to temporarily take possession of the 14 properties in Dubai, Abuja, and Lagos, United Arab Emirates (UAE).
The agency filed an ex parte action to forfeit the assets, claiming they were acquired through illegal means.
In addition, the court mandated that the EFCC post the forfeiture notice in two national newspapers, requesting that any interested parties provide justification for why the properties shouldn’t be given to the federal government permanently.
Via his legal team, the former governor contested the order, claiming that the properties could not have been bought using public funds because they had been obtained prior to his appointment.
Additionally, he claimed protection from civil and criminal procedures by invoking Section 308 of the Constitution. He also contended that the Proceeds of Crime (Recovery and Management) Act, 2022, could not be applied retroactively.
Additionally, his attorneys questioned the jurisdiction of the Federal High Court in Lagos and referenced an existing injunction from a Kogi State High Court prohibiting the EFCC from looking into the state’s financial statements.
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The lawyers claimed that although Bello lives in Lokoja, the properties were outside of Lagos.
However, Rotimi Oyedepo (SAN), the EFCC’s counsel, joined Hanatu Kofanaisa and Bilkisu Buhari-Bala in pleading with the appellate court to preserve the agency’s statutory authority.
The attorney maintained that no Nigerian court had ordered the commission to stop looking into possible economic crimes.
He said that there was a reasonable suspicion that the opulent properties, which included an apartment in Dubai’s famous Burj Khalifa, had been purchased with illegal money.
In connection with the same inquiry, the EFCC also requested the temporary forfeiture of an additional N400 million.
Due to Bello’s immunity, Justice Oweibo dismissed the case, ruling that the court lacked jurisdiction. However, the EFCC filed an appeal against the ruling.
In ruling that the immunity clause did not extend to property preservation proceedings, the Court of Appeal rejected Bello’s preliminary objection.
It directed the EFCC to hold the last forfeiture hearing.
