Kogi asset forfeiture case: Court dismisses EFCC’s suit against Gov Bello

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A Federal High Court in Lagos has overturned an interim forfeiture order issued by the Economic and Financial Crimes Commission, EFCC, attempting to seize 14 assets reportedly tied to Kogi State Governor Yahaya Bello.

In his decision, Justice Nicholas Oweibo ruled that Section 308 of the 1999 Constitution prohibits the launch of any criminal or civil prosecution against a serving Governor or President.

The judge issued the provisional forfeiture order on February 22nd, following an ex parte motion filed by the anti-graft agency seeking to seize 14 properties in Lagos, Abuja, and the United Arab Emirates (UAE), as well as N400 million recovered from one Aminu Falala.

The Court also directed EFCC to make publications in two national dailies for any interested parties to show cause why the order should not be made absolute.

Upon the publication of the preservative order, Governor Bello through his lawyer, Senior Advocate of Nigeria, Abdulwahab Mohammed had filed a Notice of Intention to oppose, and an application seeking the vacation of the interim forfeiture order.

The Governor premised his application on the ground that the property listed were not proceeds of unlawful act, as they were acquired long before he was elected as Kogi State Governor and could not have been acquired from Kogi State funds.

He further stated that by Section 308 of the Constitution, the EFCC is prevented from instituting any civil or criminal suit against him.

He also protested the illegality in the filing of the suit by the EFCC on the ground that the case was in flagrant disobedience to a state high court order, which restrained the EFCC from investigating any account of the Kogi State Government pending the determination of the Motion on Notice.

He stated that the interim forfeiture order was obtained by either suppression or misrepresentation of facts by the Commission.

The Governor also said that the Proceeds of Crime Act could not take effect in retrospect as the properties in dispute were acquired before he became Kogi State Governor.

He said the validity of the Proceeds of Crime Act, 2022 was being challenged at the Supreme Court.

Regarding jurisdiction, the Governor 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 the court to vacate the case for lack of jurisdiction.

In his response, the EFCCs lawyer, Senior Advocate of Nigeria, Rotimi Oyedepo said that the applicant had brought nothing before the court to convince the court to vacate the order.

He said, contrary to the submissions of the Applicant, the Kogi State High Court or any other court in Nigeria had not stopped the EFCC from carrying out its constitutional duties.

In his ruling, Justice Oweibo held that, given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/criminal prosecution, the court lacked jurisdiction to entertain the matter.

Consequently, the court struck out the suit for lack of jurisdiction.