Appeal Court Reinstates Forfeiture of Properties Linked to Ex-Kogi Governor Yahaya Bello
Lagos, Nigeria – The Court of Appeal sitting in Lagos has reinstated an interim forfeiture order on 14 high-value properties allegedly linked to former Kogi State Governor, Yahaya Bello, overturning a previous ruling of the Federal High Court that had vacated the order.
In a virtual judgment delivered on Wednesday, a three-member panel of the appellate court, led by Justice Yargata Nimpar and supported by Justices Danlami Senchi and Paul Bassi, held that the lower court erred in law by relying on Section 308 of the 1999 Constitution—which grants immunity to sitting governors—to dismiss the case.
The court clarified that while immunity protects serving governors from criminal prosecution, it does not shield assets suspected to be proceeds of crime from judicial scrutiny.
“The immunity granted to a sitting governor does not preclude the court from determining the status of property reasonably suspected to be the proceeds of crime,” Justice Nimpar ruled.
The ruling came in response to an appeal filed by the Economic and Financial Crimes Commission (EFCC) against the decision of Justice Nicholas Oweibo of the Federal High Court, who had set aside the initial interim forfeiture.
The EFCC had previously secured an ex parte order to preserve the properties, located in Lagos, Abuja, and Dubai—including a luxury apartment in the Burj Khalifa—pending the conclusion of its investigation. The commission claimed the assets were acquired with proceeds of corruption.
Governor Bello, through his legal team, had challenged the seizure, asserting that the properties were obtained before he assumed office and were therefore unrelated to state funds. His counsel cited Section 308 to argue for immunity and also questioned the Federal High Court's jurisdiction over assets situated outside Lagos. They further contended that the Proceeds of Crime Act, 2022, could not be applied retroactively.
In opposition, EFCC counsel Rotimi Oyedepo, SAN, maintained that the commission acted within its statutory mandate and emphasized that immunity does not bar asset forfeiture proceedings.
The Court of Appeal dismissed all preliminary objections raised by Bello’s legal team and ordered that the EFCC’s case proceed to a substantive hearing to determine whether the properties should be permanently forfeited to the Federal Government.
Source: Premium Times Nigeria
