The Court of Appeal in Lagos has restored the interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) to seize 14 properties linked to the former Governor of Kogi State, Yahaya Bello.
Justice Yargata Nimpar who read the unanimous judgment which was delivered virtually on Wednesday, set aside a Federal High Court ruling that struck out the order and held that the lower court erred in law by relying on Section 308 of the 1999 Constitution.
Section 308 of the Constitution grants immunity to sitting governors from civil and criminal proceedings.
Justice Nimpar in restoring the preservation order held that immunity does not extend to properties suspected to be proceeds of unlawful activity, and such assets can be investigated and preserved pending the outcome of a forfeiture application.
The other justices of the panel who concurred with decision are Justice Danlami Senchi and Justice Paul Bassi. They directed the EFCC to proceed to a final forfeiture hearing.
