The court of appeal in Lagos has reinstated a preservation order on 14 properties and a sum of N400 million connected to Yahaya Bello, the former governor of Kogi state.
A three-member panel of the appellate court delivered the ruling on Wednesday, following an application filed by the Economic and Financial Crimes Commission (EFCC).
The order, which prevents the identified assets from being tampered with or disposed of during the ongoing litigation, was initially granted by a federal high court in Lagos. The appeal court’s decision restores that initial position, pending the final determination of the case.
A preservation order is a legal measure designed to safeguard contested property, maintaining the status quo while legal proceedings are ongoing. It is typically granted to prevent one party from altering the subject matter in a way that could undermine the litigation process.
On February 22, 2024, Nicholas Oweibo, a judge of a federal high court in Ikoyi, granted an interim forfeiture order for 14 properties allegedly linked to Bello, following an ex parte application from the EFCC. The properties were said to be located in Lagos, Abuja, and the United Arab Emirates (UAE).
Following the order, Oweibo directed the commission to publish in two national newspapers for any interested party to show cause why a final forfeiture order should not be made.
However, the former Kogi governor filed an application seeking to vacate the interim forfeiture order. He argued that the properties listed were not proceeds of any unlawful act, as they were acquired long before he was elected governor. He also contended that section 308 of the constitution grants him immunity from being prosecuted for civil or criminal suits.
On April 26, the court vacated the interim forfeiture order made against the properties linked to the former Kogi governor. However, the EFCC filed an application seeking a stay of execution of the April 26 ruling, pending the outcome of the appeal on the case.