Court Upholds EFCC’s Right to Seize Yahaya Bello’s Properties

Aug 6, 2025

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The Court of Appeal in Lagos has overturned a lower court ruling that barred the Economic and Financial Crimes Commission (EFCC) from seizing 14 properties allegedly linked to Kogi State Governor, Yahaya Bello.

In a landmark judgment delivered virtually, Justice Yargata Nimpar, with two other justices concurring, held that the Federal High Court erred when it struck out the case on the basis of Bello’s constitutional immunity. The court maintained that while a sitting governor cannot be prosecuted, properties suspected to be proceeds of crime can still be subject to forfeiture proceedings.

The appellate court’s ruling allows the EFCC to proceed with a full hearing to determine whether the properties—located in Lagos, Abuja, and Dubai—should be permanently forfeited to the Federal Government.

The case originated from an order by Justice Nicholas Oweibo of the Federal High Court in Lagos, which had granted the EFCC temporary forfeiture of the properties. The commission alleged that the assets, including a luxury apartment in Dubai’s Burj Khalifa, were acquired with illicit funds and asked the court to forfeit an additional ₦400 million linked to the same case.

Justice Oweibo, however, later struck out the suit after Governor Bello challenged the EFCC’s actions, arguing that the assets were acquired before he assumed office and that, as a sitting governor, he was constitutionally protected from such legal actions. Bello also cited an earlier ruling from a Kogi State High Court, which restricted the EFCC from probing the state’s finances, and questioned the jurisdiction of the Lagos court since the properties were located in multiple jurisdictions.

Represented by Senior Advocate of Nigeria, Rotimi Oyedepo, the EFCC appealed the decision, insisting that constitutional immunity does not cover assets suspected to be proceeds of crime.

In its ruling, the Court of Appeal agreed, stating that the immunity granted to a sitting governor under Section 308 of the Constitution does not shield property from being investigated or seized if suspected to have been acquired through unlawful means.

The appellate court dismissed all of Bello’s objections, reinstated the initial forfeiture order, and granted the EFCC permission to continue legal proceedings toward permanent forfeiture of the properties.