The Economic and Financial Crimes Commission (EFCC) has completed plans to investigate Yahaya Bello, the immediate past governor of Kogi State, for suspected fraud and corrupt acts during his eight-year term.
According to reports, the commission would interview Yahaya Bello on his eight-year administration.
Bello’s immunity lapsed after the end of his term as Kogi State’s executive governor. According to the Daily Times, Bello may face arrest by the commission for alleged money laundering and financial violations while serving as Kogi State’s former governor if he loses his immunity.
According to SaharaReporters, Bello’s stint as Kogi State’s youngest governor ended on Saturday. Usman Ododo, a member of his party, succeeded him.
Justice Nicholas Oweibo of the Federal High Court in Ikoyi, Lagos, dismissed the commission’s suit seeking the forfeiture of 14 Yahaya Bello properties as well as N400 million linked to Kogi State Governor Yahaya Bello, citing his immunity from prosecution under the 1999 constitution.
According to the Commission’s notice of appeal, Justice Oweibo made a legal error in dismissing the suit because the Respondent’s immunity from civil or criminal proceedings while serving as governor of Kogi State does not extend to properties reasonably suspected to be proceeds of crime traced to him.
It also claimed that the court erred and committed a miscarriage of justice by refusing to follow the Court of Appeal’s decision in EFCC V Fayose (2018) LPELR 44131 CA and the Supreme Court’s decision in Fawehinmi V IGP (2002)7 NWLR (PT767)606, which addressed the proper interpretation of Section 308 of the 1999 Constitution.
The EFCC also claimed that the learned trial court erred in law by overturning a preservation order for properties reasonably suspected to have been derived from the proceeds of illegal activities, despite the fact that the Respondent failed to demonstrate the genuine origin of funds used to acquire the properties under the preservation order.
On Wednesday, February 22, 2023, Justice Oweibo granted interim forfeiture of the properties in Lagos, Abuja, and the United Arab Emirates, as well as the preservation of the sum of N400,000,000.00 (Four Hundred Million Naira) recovered from one Aminu Falala, which “is reasonably suspected to have been derived from unlawful activity and intended to be used for the acquisition of Plot No. 1224 Bishop Oluwole Street, Victoria.”
Rotimi Oyedepo, SAN, counsel to the EFCC, moved the application, stating that the properties, including “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 reasonably suspected to have been obtained through illegal means.
In his decision, Justice Oweibo granted the application as requested, instructing the Commission to publish the interim order in any national newspaper within 14 days, and adjourning the matter until March 28, 2023.