The court of appeal in Lagos has reinstated a preservation order on 14 properties and the sum of N400 million linked to Yahaya Bello, former governor of Kogi state.
A three-member panel of the appellate court delivered the ruling on Wednesday following an application filed by the Economic and Financial Crimes Commission (EFCC).
The order, which serves to protect the identified assets from being tampered with or disposed off during ongoing litigation, had earlier been granted by a federal high court in Lagos. The appeal court’s decision effectively restores that initial position, pending the determination of the case.
A preservation order is a legal measure designed to safeguard contested property, maintaining the status quo while legal proceedings are ongoing. It is typically granted to prevent one party from altering the subject matter in a way that could undermine the litigation process.
On February 22, 2024, Nicholas Oweibo, judge of a federal high court sitting in Ikoyi, granted the interim forfeiture order of 14 properties allegedly linked to Bello following an ex parte application by the EFCC.
The properties were said to be located in Lagos, Abuja, and the United Arab Emirates (UAE).
Following the order, Oweibo directed the commission to make publications in two national dailies for any interested party to show cause why a final forfeiture order should not be made.
However, Bello filed an application seeking to vacate the interim forfeiture order.
He premised his application on the grounds that the properties listed were not proceeds of any unlawful act, as they were acquired long before he was elected governor.
The governor argued that section 308 of the constitution grants him immunity from being prosecuted for civil or criminal suits.
On April 26, the court vacated the interim forfeiture order made against properties linked to the Kogi governor.
However, the EFCC filed an application seeking a stay of execution of the April 26 ruling pending the outcome of the appeal on the case.
