By Atoyebi Nike
A three-man panel of the Court of Appeal, Lagos Division, has reinstated a preservation order on 14 properties and N400 million linked to former Kogi State Governor Yahaya Bello. The ruling, delivered on Wednesday, August 6, 2025, overturned an earlier decision by the Federal High Court which had struck out the Economic and Financial Crimes Commission’s (EFCC) suit based on Bello’s immunity as a sitting governor.
The properties include high-value assets such as a hotel apartment at the Burj Khalifa, Dubai. The preservation order was originally granted by Justice Nicholas Oweibo on February 22, 2023, under the Proceeds of Crime (Recovery and Management) Act, 2022.
However, the trial court later struck out the EFCC’s request for final forfeiture, citing Bello’s constitutional immunity under Section 308 of the 1999 Constitution. In response, the EFCC appealed, arguing that immunity does not apply to assets linked to suspected unlawful activities.
EFCC counsel Rotimi Oyedepo, SAN, and his legal team contended that the lower court ignored precedents, including EFCC v. Fayose and Fawehinmi v. IGP, which limit the scope of immunity to protect officeholders, not their property.
Delivering the lead judgment, Justice Nimpar Yargata held that the trial court erred by misapplying the immunity provision. The panel ruled that Bello’s failure to prove the legal origin of the funds justified the restoration of the preservation order.
The court directed that the case for final forfeiture of the properties proceed accordingly.
