The Economic and Financial Crimes Commission (EFCC) on Tuesday urged the Federal High Court in Lagos to dismiss an application by Kogi State Governor Yahaya Bello seeking to vacate a forfeiture order covering 14 properties and ₦400 million. The court had, on 22 February 2023, granted a preservation order over properties linked to the Kogi State Government that were reasonably suspected of being derived from unlawful activities, in accordance with Sections 9 and 10 of the Proceeds of Crimes (Recovery and Management) Act 2022. The EFCC said the properties—including a hotel‑apartment community, a Burj Khalifa‑type building at Plot 160 Municipality No 345‑7562, Sky View Building No 1, Property No 401, Floor 4, Dubai, UAE—were reasonably suspected of being proceeds of crime.
At the resumed sitting, EFCC counsel Rotimi Oyedepo informed the court that the agency had advertised the preservation order in a national daily, as confirmed by EFCC spokesperson Wilson Uwujaren. “We were directed to publish the order and complied on 24 February 2023,” Oyedepo said, noting that an affidavit to the order dated 22 February 2023 had been filed. He added that the EFCC had received a notice of intention to oppose the preservation order and had responded accordingly.
Governor Bello, through counsel Abdulwahab Mohammed, sought to vacate the order. He submitted that the application, filed on 9 March 2023, asked the court to set aside the 22 February 2023 order. Mohammed argued that most of the properties were acquired before Bello became governor and that the EFCC lacked jurisdiction to prosecute him because he enjoys constitutional immunity under Section 308. “You cannot proceed against him under any law while he enjoys the benefits of a governor,” he contended, urging the court to grant his client’s prayer.
Opposing the application, EFCC counsel relied on a 12‑paragraph counter‑affidavit and a written address dated 28 March 2023, pointing out that the applicant had failed to reply to the counter‑affidavit. Citing *Usman v. Garke* (2003 LPLR 3431), Oyedepo argued that failure to respond amounts to an admission, and that the Proceeds of Crime Act prescribes the procedure for challenging a preservation order. He noted that the applicant had not demonstrated any credible interest in the properties and that the counter‑affidavit had already established how the assets were acquired. “Without establishing his interest, the application is bound to fail,” he said.
Addressing the immunity clause, Oyedepo explained that Section 308 does not preclude investigation of a governor suspected of financial crime. Referring to the 2002 *Fawehinmi v. IGP* decision, he said that a person protected by Section 308 can still be investigated, and evidence gathered may be used in prosecution once the immunity ceases. He maintained that the preservation step taken by the EFCC could not be halted.
Oyedepo further observed that only one of the assets the EFCC seeks to preserve had been declared in the governor’s Declaration of Assets Form, and that the affidavit offered no challenge to the reasonableness of the EFCC’s suspicion. He therefore urged the court to dismiss the governor’s application and order him to explain how the properties were acquired.
Justice Oweibo adjourned the matter to 20 April 2023 for a ruling.
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