The Court of Appeal in Lagos has reinstated the interim forfeiture order granted to the Economic and Financial Crimes Commission (EFCC) for 14 properties allegedly linked to former Kogi State Governor Yahaya Bello.
Delivering the unanimous judgment virtually on Wednesday, Justice Yargata Nimpar held that the Federal High Court erred when it relied on Section 308 of the 1999 Constitution — which grants sitting governors immunity from civil and criminal proceedings — to strike out the case.
Justice Nimpar emphasized that the immunity provision does not extend to properties suspected to be proceeds of unlawful activity, affirming that such assets can be investigated and preserved pending the outcome of a final forfeiture application.
Concurring with the lead judgment were Justices Danlami Senchi and Paul Bassi. The panel directed the EFCC to proceed with a final forfeiture hearing.
The properties in question, located in Lagos, Abuja, and Dubai, were initially seized in February 2023 after EFCC’s counsel, Rotimi Oyedepo (SAN), convinced the Federal High Court that they were likely acquired through illicit means.
However, in April 2023, Justice Nicholas Oweibo vacated the interim order, citing Bello’s constitutional immunity and the court’s lack of jurisdiction. Bello’s legal team argued that the properties were acquired before his governorship, and that the EFCC acted in defiance of a Kogi State High Court order.
The EFCC subsequently appealed the ruling. In its decision, the appellate court dismissed Bello’s objections as lacking merit and reaffirmed that the anti-graft agency is within its powers to investigate and seek forfeiture of suspected illicit assets — even those linked to sitting governors.
Among the properties is a luxury apartment in Dubai’s Burj Khalifa and an additional ₦400 million allegedly tied to the same investigation.
The reinstated order allows the EFCC to continue with proceedings toward the permanent forfeiture of the assets to the Federal Government.
