The Court of Appeal, Lagos Division, has set aside a Federal High Court ruling that struck out an interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) to seize 14 properties allegedly linked to Kogi State Governor, Yahaya Bello.
In an unanimous judgment, Justice Yargata Nimpar, with Justices Danlami Senchi and Paul Bassi concurring, held that the lower court erred in law by relying on Section 308 of the 1999 Constitution to strike out the case, instead of determining whether the properties should be permanently forfeited.
Justice Nimpar restored the preservation order and directed the EFCC to proceed to a final forfeiture hearing.
The properties, including a luxury apartment at the Burj Khalifa in Dubai, are suspected to be proceeds of unlawful activity.
The EFCC had obtained an interim forfeiture order from the Federal High Court in Lagos, but the court later struck out the case, citing Section 308 of the Constitution, which grants immunity to sitting governors from civil and criminal proceedings.
The Court of Appeal, however, disagreed with the lower court’s decision, holding that immunity does not extend to properties suspected to be proceeds of unlawful activity, and such assets can be investigated and preserved pending the outcome of a forfeiture application.
