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A Federal High Court in Lagos on Wednesday, struck out an interim order of forfeiture, seeking to forfeit properties linked to Kogi State Governor, Yahaya Bello.
The suit was instituted through an exparte application brought by the Economic and Financial Crimes Commission, (EFCC), seeking a temporary order, forfeiting 14 properties associated with the Governor.
Delivering a ruling on the motion, on Wednesday, Justice Nicholas Oweibo, held that in view of Section 308 of the 1999 constitution, the EFCC lacks the power to initiate a criminal suit against an incumbent Governor or President.
Recall that Justice Oweibo, on Feb. 22, granted an interim forfeiture, following an exparte motion filed by the anti-graft agency, seeking to seize 14 properties located in Lagos, Abuja and the United Arab Emirates (UAE).
The Court had 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.
Meanwhile, following publications of the preservative order, Gov. Bello had filed a Notice of Intention to oppose, as well as an application seeking to vacate the interim forfeiture order.
Bello premised his application on the grounds that the properties listed were not proceeds of an unlawful act, as they were acquired long before he was elected Governor.
He further stated that by Section 308 of the Constitution, the EFCC is prevented from instituting any civil or criminal suit against him.
Besides, he contested the illegality of the suit by EFCC on the grounds that the case was in flagrant disobedience to an existing order of a State High Court.
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He averred that the order had restrained the EFCC from investigating any account of the Kogi State Government, pending the determination of the Motion on Notice.
On the issue of jurisdiction, the applicant stated that the properties listed were in Abuja, Kogi and UAE, while the personality involved is based in Lokoja.
He, therefore, averred that the suit ought to have been instituted either in Abuja or in Kogi State and consequently, urged the court to vacate the order for want of jurisdiction.
Responding to the applicant’s averment, counsel to EFCC, Mr Rotimi Oyedepo SAN, argued that the applicant had brought nothing before the court to convince the court to vacate the order.
He argued that 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.
He argued the properties which include “Hotel Apartment Community, Burj Khalifa lying, being and situate at, Plot 160 Municipality NO 345-7562, Sky View Building No 1, Property No 401, Floor 4, Dubai U.A.E.,” were suspected to have been derived from unlawful activities.
Oyedepo had also asked the court to order the forfeiture of N400 million, which he said was also reasonably suspected to have been derived from unlawful activities.
In his ruling, however, Justice Oweibo held that, given Section 308 of the Constitution, which provides immunity to a serving governor from any civil or criminal prosecution, the court lacked jurisdiction to adjudicate on the matter.
The court consequently, struck out the suit for lack of jurisdiction.
Section 308 of the constitution provides: “No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office.”
