Appeal Court Reinstates EFCC’s Interim Forfeiture Order on 14 Properties Linked to Yahaya Bello

The Court of Appeal sitting in Lagos has restored an interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) on 14 properties and ₦400 million allegedly linked to former Kogi State Governor, Yahaya Bello.

The decision, delivered by a three-member panel of the appellate court, overturned the earlier ruling of the Federal High Court that struck out the EFCC’s case. The panel, led by Justice Yargata Nimpar, held that the trial court erred in law when it dismissed the suit on grounds of constitutional immunity.

In February 2023, the EFCC had secured an ex parte order from Justice Nicholas Oweibo of the Federal High Court in Lagos, granting the agency interim control over the properties and funds suspected to be proceeds of unlawful activities. The court also ordered the EFCC to publish the order in a national newspaper to invite any interested parties to show cause why the assets should not be permanently forfeited.

However, on April 26, 2023, the Federal High Court vacated the order and struck out the matter, citing Section 308 of the Constitution which grants immunity to a sitting governor. Dissatisfied, the EFCC filed an appeal challenging the decision.

In its judgment, the Court of Appeal ruled that Section 308 immunity does not shield property suspected to be proceeds of crime from investigation or forfeiture. It directed that the matter be returned to the trial court for hearing on the final forfeiture application.

The EFCC welcomed the ruling and expressed readiness to proceed with substantive legal action on the properties, which are located in Lagos, Abuja, and Dubai.