The Court of Appeal in Lagos has overturned a Federal High Court ruling that previously barred the Economic and Financial Crimes Commission (EFCC) from seizing 14 properties allegedly linked to former Kogi State Governor Yahaya Bello.
A three-member panel, led by Justice Yargata Nimpar, ruled that the lower court was wrong to dismiss the case based on the governor’s constitutional immunity, stating that the court should have determined whether the properties should be permanently forfeited to the government.
The case originated when the EFCC secured an interim forfeiture order from the Federal High Court in Lagos, allowing the temporary seizure of the properties located in Lagos, Abuja, and Dubai.
The anti-graft agency alleged that the assets were acquired with illicit funds. Governor Bello challenged the order, arguing that the properties were purchased before he assumed office and could not have been funded with state resources. He also cited constitutional immunity protecting sitting governors from prosecution and pointed to a Kogi State High Court injunction restraining the EFCC from investigating the state’s finances.
However, the Court of Appeal ruled that immunity does not shield properties suspected of being acquired through illegal means. The appellate court reinstated the interim forfeiture order and directed the EFCC to proceed with its case to determine permanent forfeiture. The EFCC had previously alleged that some of the properties, including a luxury apartment in Dubai’s Burj Khalifa, were linked to suspicious financial transactions. The commission also sought the forfeiture of ₦400 million connected to the case.
The ruling allows the EFCC to resume its efforts to permanently seize the properties, marking a significant development in the ongoing legal battle.
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