The Economic and Financial Crimes Commission (EFCC) has filed an appeal, challenging Wednesday’s ruling of the Federal High Court, Lagos which struck out its suit seeking the forfeiture of 14 properties and N400m linked to the Kogi State Governor, Yahaya Bello, citing his immunity from prosecution under the 1999 Constitution.
In the ruling, Justice Nicholas Oweibo struck out the suit on the ground that Section 308 of the 1999 Constitution prevents the institution of any criminal or civil case against a sitting governor or the president.
In its notice of appeal, filed by Rotimi Oyedepo (SAN), the EFCC submitted 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.
