Bello In Hot Water As Appeal Court Backs EFCC’s Crackdown On Alleged Assets

The Court of Appeal in Lagos has overturned a previous decision by the Federal High Court and reinstated the interim forfeiture order granted to the Economic and Financial Crimes Commission (EFCC) concerning 14 properties allegedly linked to former Kogi State Governor, Yahaya Bello.

The properties, which span across Lagos, Abuja, and Dubai, are suspected to have been acquired through proceeds of unlawful activities.

According to Ireporter Online, the appellate court, in a unanimous judgment delivered by Justice Yargata Nimpar and supported by Justices Danlami Senchi and Paul Bassi, ruled that the Federal High Court erred in relying on Section 308 of the 1999 Constitution to strike out the interim forfeiture proceedings.

The court emphasized that constitutional immunity for sitting governors does not shield properties suspected to be proceeds of crime from legal scrutiny.

The EFCC had originally secured the forfeiture order via an ex parte motion before Justice Nicholas Oweibo of the Federal High Court in Lagos.

This order included a directive for publication in two national dailies, calling on any interested parties to come forward and prove why the assets should not be permanently forfeited to the Federal Government.

Following the publication, Yahaya Bello challenged the move, claiming the properties were legitimately acquired before he assumed office and argued that the EFCC’s actions infringed upon his constitutional immunity.

However, the appellate court disagreed, stating that the more appropriate legal step would have been to determine the status of the assets in a final forfeiture hearing, rather than dismiss the case entirely.

According to Ireporter Online, the court also rejected Bello’s preliminary objections and affirmed the EFCC’s right to investigate and freeze suspected illicit assets, even when linked to a sitting governor.

It ruled that the Proceeds of Crime (Recovery and Management) Act, 2022, though recent, did not apply retroactively but did not invalidate the anti-graft agency’s broader constitutional mandate.

Additionally, the EFCC is seeking to recover another N400 million believed to be connected to the same investigation.

The Commission, represented by senior counsel Rotimi Oyedepo (SAN), argued that among the assets in question is a luxury property located in Dubai’s iconic Burj Khalifa, further raising suspicions about the origin of the funds.

According to Ireporter Online, yesterday’s ruling marks a significant boost for the EFCC’s anti-corruption drive and signals a clear judicial stance that immunity provisions cannot be used to obstruct the preservation of questionable assets. The case will now proceed to the final forfeiture hearing.

”IREPORTER REPORTS”