The Court of Appeal in Lagos has reinstated a preservation order on 14 properties and N400 million linked to former Kogi State Governor, Yahaya Bello, reversing an earlier decision by the Federal High Court.
In a unanimous judgment delivered on Wednesday, August 6, 2025, by Justice Nimpar B. Yargata, the appellate court held that the lower court erred in striking out the Economic and Financial Crimes Commission’s (EFCC) suit, despite findings that Bello failed to establish the lawful origin of the assets.
The Federal High Court had originally granted the preservation order on February 22, 2023, following an ex parte application by the EFCC under Sections 9 and 10 of the Proceeds of Crime (Recovery and Management) Act, 2022. The affected assets include luxury properties in Nigeria and Dubai, notably a hotel apartment in the Burj Khalifa area.
However, the trial court struck out the case on April 26, 2023, citing Section 308 of the 1999 Constitution, which grants immunity to serving governors. At the time, Bello was still in office.
The EFCC, dissatisfied with the ruling, appealed through its legal team led by Rotimi Oyedepo, SAN. The Commission argued that constitutional immunity does not extend to assets suspected to be proceeds of crime and that the lower court failed to align with existing legal precedents, including EFCC v. Fayose and Fawehinmi v. IGP.
In its judgment, the Court of Appeal agreed with the EFCC, stating that the trial court misinterpreted Section 308 and should have allowed proceedings to continue regarding the assets, which are distinct from civil or criminal action against a sitting governor.
The appellate court restored the preservation order and directed that proceedings for the final forfeiture of the properties should continue.
