In a significant legal development, the Court of Appeal in Lagos has reinstated an interim forfeiture order secured by the Economic and Financial Crimes Commission (EFCC) targeting 14 high-value properties allegedly linked to former Kogi State Governor, Yahaya Bello.
The properties, including a luxury apartment in Dubai’s iconic Burj Khalifa, were initially seized under suspicions of being acquired with proceeds of unlawful activities.
The ruling, delivered on Wednesday, August 6, 2025, overturns a prior Federal High Court decision that had struck out the EFCC’s case, citing Bello’s immunity as a sitting governor.
The unanimous judgment, delivered virtually by a three-member panel led by Justice Yargata Nimpar, with Justices Danlami Senchi and Paul Bassi concurring, found that the Federal High Court erred in dismissing the EFCC’s case.
The lower court, presided over by Justice Nicholas Oweibo, had ruled in 2023 that Section 308 of the 1999 Constitution, which grants immunity to serving governors, barred the EFCC from pursuing the forfeiture.
However, the appellate court clarified that this immunity does not extend to properties suspected to be proceeds of crime, allowing investigations and preservation orders to proceed.
“The trial court erred in striking out the case rather than determining whether the properties should be finally forfeited,” Justice Nimpar stated, emphasizing that the immunity clause does not shield assets reasonably suspected to be illicitly acquired.
The EFCC’s case, spearheaded by Senior Advocate of Nigeria Rotimi Oyedepo, alongside Bilkisu Buhari-Bala and Hanatu Kofanaisa, centers on 14 properties located in Lagos, Abuja, and Dubai, as well as an additional N400 million suspected to be linked to unlawful activities.
Oyedepo argued that no Nigerian court has barred the EFCC from executing its constitutional mandate to investigate economic crimes, asserting that the properties, including the Burj Khalifa apartment, were acquired through illicit funds.
The EFCC had initially secured the interim forfeiture order in February 2023 via an ex parte application, with Justice Oweibo directing the agency to publish the order in national newspapers to allow interested parties to contest it.
Bello’s legal team, led by Abdulwahab Mohammed (SAN), had challenged the forfeiture, arguing that the properties were acquired before Bello’s tenure as governor and that the EFCC’s actions violated a Kogi State High Court order restraining the agency from investigating the state’s accounts.
They also questioned the jurisdiction of the Federal High Court in Lagos, noting that Bello resides in Lokoja and the properties are located in Abuja, Kogi, and Dubai.
Additionally, they argued that the Proceeds of Crime (Recovery and Management) Act, 2022, could not apply retroactively to properties allegedly acquired before its enactment.
The appellate court rejected these arguments, ruling that the EFCC acted within its statutory powers and that the lower court’s reliance on Bello’s immunity was misplaced.
“The immunity granted to a sitting governor does not preclude the court from determining the status of property reasonably suspected to be the proceeds of crime,” Justice Nimpar declared.
The court further noted that Bello’s team failed to provide credible evidence demonstrating the legitimate origin of the properties, reinforcing the EFCC’s position.
The reinstated forfeiture order marks a critical victory for the EFCC in its ongoing efforts to combat financial crimes allegedly linked to high-profile figures.
The case now proceeds to a substantive hearing, where the EFCC will seek to permanently forfeit the properties to the Federal Government.
The outcome of this hearing could have far-reaching implications for Bello and the broader fight against corruption in Nigeria.
As the legal battle continues, public attention remains focused on the high-profile nature of the properties involved, particularly the Burj Khalifa apartment, a symbol of luxury and wealth.
The EFCC’s pursuit of these assets underscores its commitment to holding public officials accountable, even as debates over gubernatorial immunity and jurisdictional boundaries persist
