Nigeria’s Anti-graft Agency, the Economic and Financial Crimes Commission, EFCC, has requested Justice Nicholas Oweibo of the Federal High Court sitting in Ikoyi, Lagos to dismiss the application by Kogi State Governor, Yahaya Bello, seeking to vacate the forfeiture order in respect of 14 properties and the sum of N400m.
The properties including “Hotel Apartment Community, Burj Khalifa lying, being situated 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 derived from unlawful activity.
The court had on February 22, 2023, granted a preservation order of the properties linked to the Kogi State government and reasonably suspected to have been derived from unlawful activities, pursuant to Sections 9 and 10 of the Proceeds of Crimes (Recovery and Management) Act, 2022.
At the resumed sitting today, the EFCC counsel, Rotimi Oyedepo, SAN informed the court that the preservation order had been published in the Punch Newspaper, in line with the court’s directive to advertise the same in one of the national dailies.
Oyedepo said: “We were directed to make a publication of the said order and we have complied with the order of the court.”
Vacate order
Counsel to Kogi State Governor Abdulwahab Mohammed SAN, sought to vacate the order of the court.
He argued that most of the properties sought to be forfeited were acquired by Bello before he became the Governor of the state and that the Commission lacked the power to proceed against the governor as he enjoys immunity under the constitution.
“By virtue of the position of the applicant (Kogi State Governor), you cannot proceed against him under any law, according to Section 308 of the Nigerian Constitution.
“If you want to prosecute or forfeit his properties, you have to wait till he no longer enjoys those benefits of a Governor,” he argued.
He, therefore, urged the court to grant his client’s prayers and vacate the order.
“Step for preservation”
In opposing the application, EFCC counsel Oyedepo relied on depositions in the 12-paragraph counter-affidavit and a written address dated 28 March 2023, stating that the applicant failed to reply to the counter-affidavit made by the prosecution.
Oyedepo submitted that one of the requirements that the application must contain is that the applicant must show his interest in the property concerned.
Oyedepo also argued that the steps the prosecution was taking “is a step for preservation and it cannot be stopped.”
He further told the court that out of the entire assets that the EFCC seeks to preserve, only one asset was declared in the applicant’s Declaration of Assets Form and that nothing had been said in the affidavit to challenge “the reasonability of our suspicion.”
He, therefore, urged the court to dismiss the prayers of the applicant and order him to tell the court how the properties were acquired.
Justice Oweibo adjourned the matter till April 20, 2023, for ruling.
Emmanuel Ukoh
