The Court of Appeal, Lagos Division, has reinstated the interim forfeiture of 14 high-value properties allegedly linked to Kogi State Governor Yahaya Bello, in a major legal victory for the Economic and Financial Crimes Commission (EFCC).
In a unanimous decision delivered virtually on Wednesday, the three-man panel led by Justice Yargata Nimpar ruled that the Federal High Court erred by striking out the EFCC’s application based on the constitutional immunity enjoyed by a sitting governor.
Justice Nimpar, with Justices Danlami Senchi and Paul Bassi concurring, held that Section 308 of the 1999 Constitution does not shield assets suspected to be proceeds of crime from investigation or forfeiture.
“The trial court erred in striking out the case rather than determining whether the properties should be finally forfeited,” Justice Nimpar ruled.
The EFCC had earlier secured the forfeiture order from Justice Nicholas Oweibo of the Federal High Court, Lagos, allowing it to temporarily seize the 14 luxury properties located in Lagos, Abuja, and Dubai’s iconic Burj Khalifa. It also sought forfeiture of ₦400 million allegedly linked to the same case.
The anti-graft agency alleged that the assets were bought with proceeds of unlawful activity, and asked the court to publish a notice inviting claims from any party who could prove legitimate ownership.
Governor Bello, through his lawyers, argued that the properties were acquired before he assumed office and therefore not tied to state funds. He also invoked Section 308, claimed retrospective application of the Proceeds of Crime Act was invalid, and cited a Kogi State High Court order restraining EFCC investigations into state accounts.
Bello’s team further questioned jurisdiction, noting that the Federal High Court in Lagos had no authority over properties located outside Lagos or over a governor who resides in Lokoja.
But EFCC counsel Rotimi Oyedepo (SAN) argued that no court had barred the commission from probing economic crimes and emphasized that property preservation is not a criminal proceeding, making immunity irrelevant.
The appellate court agreed. It dismissed Bello’s objections, upheld the EFCC’s powers, and ordered proceedings to resume for the final forfeiture hearing.
