The Court of Appeal in Lagos has reinstated the EFCC’s interim forfeiture order on 14 properties linked to former Kogi Governor Yahaya Bello, ruling that constitutional immunity does not protect assets suspected to be proceeds of crime
Appeal Court Reinstates EFCC’s Seizure of 14 Properties Linked to Yahaya Bello, Says Immunity Doesn’t Cover Suspected Proceeds of Crime
The Court of Appeal in Lagos has reinstated the interim forfeiture order granted to the Economic and Financial Crimes Commission (EFCC) over 14 properties allegedly traced to former Kogi State Governor, Yahaya Bello.
In a unanimous virtual judgment on Wednesday, Justice Yargata Nimpar, backed by Justices Danlami Senchi and Paul Bassi, overturned an earlier ruling by the Federal High Court which had struck out the EFCC’s application. The appellate court ruled that the lower court erred by invoking constitutional immunity without first addressing the legitimacy of the assets in question.
“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited,” Justice Nimpar said.
The judgment revives EFCC’s bid to permanently seize the properties, which include high-end real estate in Lagos, Abuja, and even a luxury apartment in the iconic Burj Khalifa, Dubai. The court ordered the anti-graft agency to move forward with final forfeiture proceedings.
EFCC’s legal team was led by Rotimi Oyedepo, SAN, with Bilkisu Buhari-Bala and Hanatu Kofanaisa as co-counsels.
The dispute traces back to an interim forfeiture order granted by Justice Nicholas Oweibo of the Federal High Court in Lagos. Based on an ex parte application, the EFCC had secured the temporary seizure of the properties, which it believes are proceeds of unlawful activities. The court also mandated publication of the order in two national dailies to allow any interested party to contest the forfeiture.
In response, Bello contested the seizure, claiming that the properties were acquired before his tenure as governor. His legal team invoked Section 308 of the 1999 Constitution, arguing it shields him from legal proceedings. They also cited a restraining order from a Kogi State High Court and questioned the jurisdiction of the Lagos court, given that Bello resides in Lokoja and many properties are located outside Lagos.
But EFCC counsel Oyedepo argued there was no valid court order barring the agency from fulfilling its statutory duties.
“We maintain that the assets in question, including the luxury apartment in Dubai, are strongly suspected to be proceeds of crime,” he said. Oyedepo also requested the forfeiture of an additional N400 million allegedly linked to the investigation.
Justice Oweibo had initially ruled in Bello’s favour, stating the court lacked jurisdiction due to the constitutional immunity clause. However, the Court of Appeal has now clarified that such immunity does not extend to property suspected to be linked to corruption.
With the interim forfeiture order restored, the EFCC is now poised to press forward with final forfeiture proceedings against the embattled former governor. Read More
