The Federal High Court in Lagos overturned an interim forfeiture order on 14 properties and N400 million reportedly linked to Kogi State Governor Yahaya Bello on Wednesday.
In a judgement, Justice Nicholas Oweibo stated that the Economic and Financial Crimes Commission could not proceed against the current governor because he is immune under Section 308 of the 1999 Constitution.
Following the EFCC’s ex parte motion, the court issued an order on February 22 ordering the interim forfeiture of 14 properties and enterprises in Lagos, Abuja, and the United Arab Emirates, as well as N400 million, recovered from one Aminu Falala.
The anti-corruption agency informed the court that the properties were reasonably suspected of being purchased with the proceeds of fraud.
The EFCC received the court to freeze the properties rellying on sections 9 and 10 of the Proceeds of Crimes (Recovery and Management) Act, 2022.
The court had then ordered the anti-graft agency to make publication of the order in two national dailies for any interested parties to show cause why the interim forfeiture should not be made permanent.
Following the publication, the governor, through his legal team, filed a Notice of Intention and an application seeking the vacation of the interim forfeiture order.
Bello insisted that the properties were legitimately acquired by him long before he was elected as Kogi State governor.Mu
He alleged that the EFCC suppressed facts to obtain the forfeiture order and urged the court to set it aside.
He also challenged the jurisdiction of the Federal High Court in Lagos to entertain the suit on the grounds that the properties listed were in Abuja, Kogi, and UAE, and the personality involved is based in Lokoja, and as such, the suit should have been either in Kogi State or Abuja.
Consequently, he urged the court to vacate the case for lack of jurisdiction.
Though the EFCC, through its lawyer, Rotimi Oyedepo (SAN), opposed Bello’s prayers, Justice Oweibo, in a ruling on Wednesday agreed with the governor and lifted the forfeiture order.
Justice Oweibo held that given Section 308 of the 1999 Constitution, which gives immunity to a sitting governor from any civil or criminal prosecution, the court lacked jurisdiction to entertain the matter.
Consequently, he struck out the suit for lack of jurisdiction.
