Court to rule on forfeiture of asset linked to Kogi gov, April 20

*Governor Yahaya Bello of Kogi state

(Nigeria) Kogi State governor, Yahaya Bello, will know his fate on April 20, 2023, over the freezing 14 properties linked to him by a Federal High Court sitting in Lagos on February 22, 2023, as the court will rule on whether or not to vacate the order.

Trial judge, Justice Nicholas Oweibo, adjourned after argument by the governor's counsel, Mr. Abdulwahab Mohammed, SAN and Economic and Financial Crimes Commission, EFCC, counsel, Mr. Rotimi Oyedopo, SAN.
The court had on February 22, made an interim forfeiture order following an exparte motion to confiscate 14 properties and firms in Lagos, Abuja, and the United Arab Emirates as well as N400million, recovered from one Aminu Falala.

*Federal High Court, Lagos

At the hearing in the matter on Tuesday, the Kogi state counsel told the court that he had an application dated March 9, 2023, seeking to vacate the order of the court made on February 22.
Mohammed, argued that about the third quarter of 2021, EFCC approached the court to freeze Kogi State's N20billion salary bail out loan that was allegedly hidden in Sterling bank.
He said that when the Kogi State government called Sterling Bank, the bank denied that such account existed, and that they challenged the freezing order made by Justice Tijjani Ringim that the order was obtained illegally.
Mohammed contended that EFCC instead of apologizing, sent a press release that the money had been returned to the Central Bank of Nigeria.
According to him, the Kogi State Government approached the state High court, presided over by the current Chief Judge, Justice Majebi, who granted an order restraining the EFCC from having anything to do with Kogi State until the substantive matter was determined.
He argued that the order of the Kogi State High Court restraining EFCC from taking any step against Kogi State Government was still subsisting.
"The EFCC in flagrant disregard of the said order of the Kogi State High Court and her pending appeal at the Court of Appeal, Abuja Division, arrested one Ali Bello, nephew of the applicant herein, who is an associate of the Kogi State Government on November 29, 2022.
"That the EFCC in flagrant disobedience of the subsisting order of the High Court of Kogi State, interrogated the said Alli Bello and coerced him to oblige them information pertaining to most of the properties listed in the order of this court made on February 22, 2023.

*EFCC headquarters, Abuja

"That the said Ali Bello aggrieved by his illegal arrest and forced interrogation, filed a fundamental rights enforcement application at the High Court of Kogi State, Lokoja Judicial Division agafnst the EFCC in Suit No: HCL/696"/2022: Ali Bello V. The EFCC & Anor.
"That the High Court of Kogi State in a judgment delivered on January 12, 2023, granted all the reliefs sought by the applicant and made an order declaring his arrest, detention and interrogation illegal and unconstitutional and further order of perpetual injunction restraining the EFCC, their agents, servants, privies or howsoever called from further arrest, detention, harassment and intimidation of the said Ali Bello, nephew of the applicant herein. The Judgement of the High Court of Kogi State delivered on January 12, 2022, is herewith attached and marked “EXHIBIT D”
"That the EFCC in continuous disobedience of the extant orders of court barring it from inviting or doing anything with respect to the affairs of the Kogi State Government and its officials, brought the instant application for preservation order of properties they alleged are reasonably suspected to have been derived from unlawful activity stemming from the purported misappropriation of funds belong to Kogi State Government.
"That the application filed by the EFCC on February 20, 2023, upon which this court made the order dated February 22, 2023, sought to be vacated herein, is a continuous disobedience of subsisting orders of courts of coordinate jurisdiction, that had restrained the EFCC from doing anything with respect to the affairs of the applicant including the employees, appointees or associates of Kogi State Government," he said.
EFCC in his response said that the applicant had brought nothing before the court to convince the court to vacate the order.
He urged the court to dismiss the application of the applicant seeking to vacate the order earlier made by the court.