The Court of Appeal in Lagos has restored the Economic and Financial Crimes Commission's (EFCC) interim forfeiture order on 14 properties and N400 million allegedly linked to former Kogi State Governor Yahaya Bello. The appellate court set aside a previous Federal High Court ruling that had struck out the forfeiture case on the basis that sitting governors enjoy constitutional immunity under Section 308 of the 1999 Constitution.
The Court of Appeal ruled that the immunity granted to sitting governors does not extend to assets reasonably suspected to be proceeds of unlawful activity. Consequently, such properties can be investigated, preserved, and subjected to forfeiture proceedings. The appellate court emphasized that the trial court erred by halting the case instead of proceeding to determine whether the properties should be finally forfeited.
The properties in question include assets located in Lagos, Abuja, and a luxury apartment in the Burj Khalifa, Dubai, UAE. The EFCC had initially obtained the interim forfeiture order in February 2023 based on suspicions that these assets were acquired through illicit means.
Following the appeal, the Court of Appeal dismissed Bello's preliminary objections and directed the EFCC to proceed with a final forfeiture hearing to determine the ultimate ownership and legitimacy of the assets.
