There are indications that Yahaya Adoza Bello, the former governor of Kogi State, may face questioning from the Economic and Financial Crimes Commission (EFCC) following the conclusion of his tenure on January 27, 2024, which marked the end of his immunity.
As of Saturday, Bello concluded his tenure, holding the distinction of being the youngest governor in Kogi State, at least for the time being.
Yahaya Adoza Bello ascended to power in 2015, receiving it unexpectedly following the demise of Prince Abubakar Audu. Sources reveal that the EFCC and other security agencies are poised to summon Bello to account for his eight-year administration as the executive Governor of the Confluence State.
Recall that the Economic and Financial Crimes Commission, EFCC, filed an appeal, challenging the Wednesday, April 26, 2023 ruling of Justice Nicholas Oweibo of the Federal High Court sitting in Ikoyi, Lagos that struck out its suit seeking the forfeiture of 14 properties as well as the sum of N400m linked to the Kogi State Governor, Yahaya Bello, citing his immunity from prosecution under the 1999 constitution.
In the notice of appea filed by the Commission, it 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
Also it 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 V Fayose (2018) LPELR 44131 CA and the decision of the Supreme Court in Fawehinmi V IGP (2002)7 NWLR (PT767)606, on the proper interpretation of Section 308 of the 1999 Constitution.
The EFCC also stated that the learned 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 N400, 000,000.00 (Four Hundred Million Naira) recovered from one Aminu Falala, which “is reasonably suspected to have been derived from unlawful activity and intended to be used for the acquisition of Plot No. 1224 Bishop Oluwole Street, Victoria Island Lagos.”
Moving the application, counsel to the EFCC, Rotimi Oyedepo, SAN, had stated that the properties, including “Hotel Apartment Community, Burj Khalifa lying, being and situate 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.
In his ruling, 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.
