Appeal Court Reinstates EFCC’s Forfeiture Order on Yahaya Bello’s 14 Properties, Rejects Immunity Claim 

The Lagos Division of the Court of Appeal has overturned a Federal High Court ruling, reinstating the interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) on 14 properties allegedly linked to former Kogi State Governor Yahaya Bello.

In a unanimous virtual decision, the appellate court ruled that the lower court wrongly dismissed the case based on constitutional immunity for sitting governors. Justice Yargata Nimpar, delivering the lead judgment, stated that immunity under Section 308 of the 1999 Constitution does not protect properties suspected to be proceeds of crime from investigation or forfeiture.

Justices Danlami Senchi and Paul Bassi agreed, holding that the trial court should have determined whether the properties should be permanently forfeited rather than striking out the case.

The EFCC had initially secured the interim forfeiture order from Justice Nicholas Oweibo of the Federal High Court in Lagos, allowing the seizure of assets in Lagos, Abuja, and Dubai.

The commission alleged the properties were acquired with illicit funds and sought their permanent forfeiture.

Bello’s legal team opposed the order, arguing that the properties were bought before he became governor and that immunity shielded him from such proceedings.

They also cited a Kogi State High Court order restraining the EFCC from investigating the state’s finances and questioned the Lagos court’s jurisdiction.

However, EFCC counsel Rotimi Oyedepo (SAN) urged the appellate court to uphold the agency’s mandate, insisting that no court had barred the commission from probing economic crimes.

He argued that the properties—including a luxury apartment in Dubai’s Burj Khalifa—were reasonably suspected to be proceeds of fraud.

The Appeal Court dismissed Bello’s objections, ruling that immunity does not apply to forfeiture proceedings.

It directed the EFCC to proceed with the final forfeiture hearing. The commission is also seeking the forfeiture of an additional N400 million tied to the same investigation.

About The Author

Dele Fashomi

Dele Fashomi, seasoned journalist and communication teacher, is a holder of Master of Arts degree in Communication and Language Arts from the University of Ibadan in 1992/93.

Earlier, he had bagged a Bachelor degree from the same university in 1984, after which he proceeded to the Nigerian Institute of Journalism, Lagos, in 1990, for a postgraduate diploma in Journalism.

He had done many courses in communication, including the EU-BBC Editing Course in 2002.

Mr. Fashomi combines effectively the practice, research and teaching of communication. And to date, he has published two academic works in communication: Issues in Communication Technology and Policy (2010) and Economic and Social Issues in Advertising and PR (2013).

He had his first break in the Nigerian media in Concord Newspapers in 1990 and today, he has over two and half decades experience earned in several newspapers.

He has been part of many start-ups, such as The Republic (1987), The Comet (1999), The Anchor 2001 – 2002; Sun Newspapers (2003); Westerner newsmagazine (2005 – 2010) as Editor; National Life (2011) as Sunday Editor, and Newswatch Newspapers (2012- 2016) as Daily Editor.

Dele Fashomi is now the Publisher/Editor-in-Chief of Newstide247.com newspaper online, which he started in July 2015. He is also into biography writing, with many books in his trail, some of which he wrote alone and one he co- authored with his mentor, Mr Dare Babarinsa, entitled:  Olabiyi Durojaiye – DARE TO BE DiFFERENT. He also guided and collaborated with Pa Olatunji Odusanya in writing his autobiography – AGAINST ALL ODDS. There are many other books in the works under his pen.

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