BREAKING: Appeal Court Restores EFCC’s Interim Forfeiture Order On 14 Properties Linked To Yahaya Bello

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

In a unanimous judgment delivered virtually on Wednesday, Justice Yargata Nimpar, with Justices Danlami Senchi and Paul Bassi concurring, overturned the earlier ruling of the Federal High Court, which struck out the EFCC’s application. The appellate court held that the lower court erred by relying on Section 308 of the 1999 Constitution— which grants immunity to sitting governors—without first determining whether the properties should be permanently forfeited.

Justice Nimpar restored the preservation order and directed the EFCC to proceed with the final forfeiture hearing.

The EFCC’s legal team was led by Senior Advocate of Nigeria, Rotimi Oyedepo, assisted by Bilkisu Buhari-Bala and Hanatu Kofanaisa.

The dispute began at the Federal High Court in Lagos, where Justice Nicholas Oweibo granted an interim forfeiture order based on an ex parte application. The order enabled the EFCC to temporarily seize 14 properties in Lagos, Abuja, and Dubai—suspected to be proceeds of unlawful activity.

The court further ordered the publication of the forfeiture notice in two national newspapers to enable any interested party to show cause why the assets should not be permanently forfeited to the Federal Government.

Following the publication, Bello filed a notice opposing the forfeiture and sought to vacate the order. He claimed the properties were acquired before his election as governor and, therefore, could not have been purchased with state funds. His legal team argued that Section 308 shielded him from EFCC action and that the Proceeds of Crime Act, 2022, could not be applied retroactively.

They also cited a restraining order issued by a Kogi State High Court barring the EFCC from probing the state’s finances. Additionally, they challenged the jurisdiction of the Federal High Court in Lagos, arguing that the properties were located outside its territorial reach and that Bello resides in Lokoja.

In response, EFCC counsel Oyedepo contended that no court order barred the Commission from exercising its statutory mandate. He emphasized that the properties, including a luxury apartment in the Burj Khalifa, Dubai, were strongly suspected to have been procured through illicit means. He also requested the forfeiture of an additional N400 million allegedly linked to the investigation.

Justice Oweibo had earlier ruled in Bello’s favour, stating that Section 308 conferred immunity and that the court lacked jurisdiction. The case was subsequently struck out.

The EFCC, dissatisfied with the ruling, filed an appeal.

Delivering judgment, the Court of Appeal affirmed the EFCC’s position, ruling that constitutional immunity does not extend to assets suspected to be proceeds of crime.

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

The court dismissed Bello’s preliminary objection for lacking merit, reinstated the interim forfeiture order, and directed that the EFCC proceed with the final forfeiture hearing.