Wale Igbintade
The Economic and Financial Crimes Commission (EFCC) yesterday asked Justice Nicholas Oweibo of the Federal High Court in Lagos, to suspend execution of his ruling, which struck out the suit seeking forfeiture of 14 properties as well as the sum of N400 million linked to the Kogi State Governor, Yahaya Bello.
Justice Oweibo, on April 26, 2023, struck out a suit by the EFCC seeking the final forfeiture of the properties on the grounds of provisions of Section 308(1) of the constitution.
The Judge had held that, “Given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter,” and the suit was struck out.
However, at the resumed hearing yesterday, counsel for the EFCC, Rotimi Oyedepo, informed the court of an application dated April 27, 2023, seeking a stay of execution of the ruling pending the outcome of the appeal on the case.
Responding, counsel to the respondent, Akoh Ocheni, urged the court to strike out the application for stay of execution by the EFCC for failure to complying with the rules of the court, by not filling a written address and attach same to the application.
But the EFCC lawyer told the court that a written address was filed on the same day as the application.
He showed the court a copy in his records, contending that, “the proceedings is no longer before the Court, but in transmission to the Court of Appeal.”
Justice Oweibo adjourned the matter sine die (Indefinitely).
Justice Oweibo had, on Wednesday, February 22, 2023, granted an interim forfeiture of the properties in Lagos, Abuja and the United Arab Emirates and had 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.”
During the proceedings on March 28, 2023, Oyedepo had informed the court that the Commission received a notice of intention to oppose the making of the preservation order, which it had equally responded to.
Responding, Yahaya Bello, in an application through his counsel, Abdulwahab Mohammed, had sought to vacate the order of the court on the grounds that most of the properties sought to be forfeited were acquired by Bello before he became the Governor of the state.
However, Oyedepo had argued that “Where a state’s governor is reasonably suspected to have committed a financial crime, the state can investigate for evidence that will be used in prosecution when he no longer enjoys the immunity.”
Oyedepo had also argued that the steps the prosecution was taking “is a step for preservation and it cannot be stopped.”
But Justice Oweibo in his Ruling held that “Given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter.”
The Judge had, therefore, struck out the suit “for lack of jurisdiction.”
