Nigeria’s Anti-graft Agency, the Economic and Financial Crimes Commission, EFCC, has filed an appeal, challenging the ruling of Justice Nicholas Oweibo of the Federal High Court Ikoyi, Lagos that struck out its suit seeking the forfeiture of 14 properties as well as the sum of N400 million linked to the Kogi State Governor, Yahaya Bello, citing his immunity from prosecution under the 1999 constitution.
In the notice of appeal filed on Wednesday, the Commission averred that Justice Oweibo erred in law when he struck out the suit as the immunity conferred on the Respondent against any civil or criminal proceedings during his incumbency as a governor of Kogi State does not extend to properties reasonably suspected to be proceeds of crime traced to him.
The Commission stated that the court erred and occasioned a miscarriage of justice when it refused to bind itself with the decision of the Court of Appeal in EFCC Versus Fayose (2018) and the decision of the Supreme Court in Fawehinmi Versus IGP (2002) on the proper interpretation of Section 308 of the 1999 Constitution.
The EFCC noted that, the trial court erred in law when it struck out a preservation order of properties reasonably suspected to have been derived from proceeds of unlawful activities notwithstanding its findings that the Respondent failed to show the genuine origin of funds used to acquire the properties under the preservation order
Justice Oweibo had, on Wednesday, February 22, 2023, granted an interim forfeiture of the properties in Lagos, Abuja and the United Arab Emirates and also ordered the preservation of the sum of Four Hundred Million Naira recovered from one Aminu Falala, suspected to have been derived from the unlawful activity and intended to be used for the acquisition of Plot No. 1224 Bishop Oluwole Street, Victoria Island Lagos.
Counsel to EFCC Rotimi Oyedepo, while moving the application, had stated that the properties, including Hotel Apartments among others in Dubai United Arab Emirates, were reasonably suspected to have been derived from unlawful activity.
Justice Oweibo had granted the application, as prayed, and also directed the Commission to publish the interim order within 14 days in any national newspaper and also adjourned to March 28, 2023.
Meanwhile, in his ruling on Wednesday, Justice Oweibo held that “I have weighed the evidence on both sides. Section 74 of the Act places the burden of proof on the opposing party to show that he is the legitimate owner of the asset suspected to be proceeds of crime; that the assets are of legitimate origin and not proceeds of unlawful activity.
“The party opposing has not given any evidence in support of his claim that the properties were acquired before he became the Governor of Kogi State thereby showing the nature and extent of his interest. I believe that the evidence should show when and how these properties were acquired.
“I find that the party opposing has not placed before the court sufficient reasons to oppose the preservation order.
“The application accordingly fails.
“However, by reason of the provisions of Section 308(1) of the Constitution, this suit is struck out.”
PIAK
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