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An interim order of forfeiture obtained by the Economic and Financial Crimes Commission (EFCC) seeking to seize 14 properties allegedly linked to Governor Yahaya Bello of Kogi State, was today thrown into the air by Justice Nicholas Oweibo of a Federal High Court, Ikoyi, Lagos.
Justice Oweibo arrived at the decision for the reason that Section 308 of the 1999 Constitution prevents the institution of any criminal or civil case against a sitting governor or the president in the country.
Justice Oweibo had specifically on February 22, 2023, granted a preservation order of the properties linked to the Kogi State government and reasonably suspected to have been derived from unlawful activities, pursuant to Sections 9 and 10 of the Proceeds of Crimes (Recovery and Management) Act, 2022.
The properties including “Hotel Apartment Community, Burj Khalifa lying, being and situate at, Plot 160 Municipality NO 345-7562, Sky View Building No 1, Property No 401, Floor 4, Dubai U.A.E.”, were reasonably suspected to have been derived from unlawful activity.
The judge had equally directed the EFCC to make publication of the order in two national dailies for any interested parties to show cause why the order should not be made absolute.
But consequent upon the publication of the preservative order, Governor Bello filed a Notice of Intention to oppose, and an application seeking the vacation of the interim forfeiture order.
Governor Bello hinged his application on the ground that the properties listed were not proceeds of unlawful act, as they were acquired by him long before he was elected as Kogi State Governor and could not have been acquired from Kogi State funds.
The Kogi helmsman had further argued that the interim forfeiture order was obtained by either suppression or misrepresentation of facts by the Commission.
Governor Bello who pointed out that the validity of the Proceeds of Crime Act, 2022 was being challenged at the Supreme Court, stated that the properties listed were in Abuja, Kogi and UAE, and the personality involved is based in Lokoja, adding that the suit ought to have been instituted either in Abuja or in Kogi State.
He, therefore, asked Justice Oweibo to vacate the case for lack of jurisdiction.
In response, the lawyer for the EFCC and Senior Advocate of Nigeria, SAN, Rotimi Oyedepo, insisted that the applicant had brought nothing before the court to convince it to vacate the order.
The SAN suggested that the submissions of the applicant, Kogi State High Court or any other court in Nigeria had not stopped the EFCC from carrying out its constitutional duties.
Delivering his ruling, Justice Oweibo held that given Section 308 of the Constitution, which gives immunity to a sitting governor from any civil/criminal prosecution, the court lacked jurisdiction to entertain the matter.
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