Justice Nicholas Oweibo of the Federal High Court in Lagos, on Wednesday, struck out an interim order of forfeiture obtained by the Economic and Financial Crimes Commission (EFCC) seeking to seize 14 properties allegedly linked to Governor Yahaya Bello of Kogi State, for lack of jurisdiction.
Justice Oweibo said the suit was against Section 308 of the 1999 Constitution, which prevents any institution of any criminal or civil case against a sitting governor or the President.
Recall that the judge had, on February 22, granted the temporary forfeiture order, following an exparte motion filed by the EFCC, seeking to seize 14 properties located in Lagos, Abuja and the United Arab Emirates (UAE).
Justice Oweibo, also directed EFCC to make publication in two national dailies for any interested parties to show cause why the order should not be made absolute.
However, consequent upon the publication of the preservative order, Governor Bello, filed Notice of Intention to oppose, and an application seeking the vacation of the interim forfeiture order.
According to the Governor in his application, the property listed by the EFCC, were not proceeds of unlawful act, adding that they were acquired long before he was elected as Kogi State Governor and could not have been acquired from Kogi State funds.
Bello also told the court that by Section 308 of the Constitution, the EFCC, was prevented from instituting any civil or criminal suit against him.
Bello protested the illegality in the filing of the suit by the EFCC on the grounds that the case was in flagrant disobedience to a state high court order, which restrained the EFCC from investigating any account of the Kogi State Government pending the determination of the Motion on Notice.
He stated that the interim forfeiture order was obtained by either suppression or misrepresentation of facts by the Commission.
The Governor also said that the Proceeds of Crime Act could not take effect in retrospect as the properties in dispute were acquired before he became Kogi State Governor.
He said the validity of the Proceeds of Crime Act, 2022 was being challenged at the Supreme Court.
On the jurisdiction, the Governor told the court that the properties listed were in Abuja, Kogi and UAE, adding that the personality involved is based in Lokoja.
He stressed out that the suit ought to have been instituted either in Abuja or in Kogi State, and later asked the court to vacate the case for lack of jurisdiction.
The EFCC lawyer, Rotimi Oyedepo, SAN, told the court that the applicant had brought nothing before the court to convince the court to vacate the order.
He said, contrary to the submissions of the Applicant, Kogi State High Court or any other court in Nigeria had not stopped the EFCC from carrying out its constitutional duties.
But ruling on the matter, Justice Nicholas Oweibo held that, given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/criminal prosecution, the court lacked jurisdiction to entertain the matter.
The court, consequently, struck out the suit for lack of jurisdiction.
