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 for 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 the Hotel Apartment Community, Burj Khalifa lying, being and situated at Plot 160 Municipality No 345‑7562, Sky View Building No 1, Property No 401, Floor 4, Dubai, UAE—were reasonably suspected of being obtained through illegal means.
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. Oyedepo explained, “We were directed to publish the order and complied on 24 February 2023. Following that, we received a notice of intention to oppose the preservation order and have responded accordingly.”
Governor Bello, through his counsel Abdulwahab Mohammed, sought to vacate the order. Mohammed submitted an application filed on 9 March 2023, requesting the court’s indulgence to set aside the 22 February 2023 order. He 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,” Mohammed said, “If you wish to prosecute or forfeit his properties, you must wait until he no longer enjoys the benefits of the governorship.”
Opposing the application, EFCC counsel relied on a 12‑paragraph counter‑affidavit and a written address dated 28 March 2023, noting that the applicant had failed to reply to the counter‑affidavit. Citing *Usman v. Garke* (2003 LPLR 3431), Oyedepo argued that failure to respond is deemed an admission and that the Proceeds of Crime (Recovery and Management) Act 2022 prescribes the proper mode of challenging a preservation order. He pointed out that the applicant had not demonstrated any credible evidence of interest in the properties and that the counter‑affidavit had already established how the properties were acquired. “Without establishing the applicant’s interest, the application is bound to fail,” he said.
Regarding the immunity clause in Section 308 of the 1999 Constitution, Oyedepo contended that it does not preclude investigation of a governor suspected of financial crime. He referenced the 2002 *Fawehinmi v. IGP* decision, which held that a person protected by Section 308 can still be investigated, and that evidence gathered can be used for prosecution once the immunity ceases. He further argued that the EFCC’s preservation steps cannot be halted and noted that only one of the assets sought for preservation had been declared in the governor’s Declaration of Assets Form, with no affidavit challenging the reasonableness of the EFCC’s suspicion.
Justice Oweibo adjourned the matter to 20 April 2023 for a ruling.
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