There are strong indications that the recently departed Governor of Kogi State, Yahaya Adoza Bello, may be subject to questioning by the Economic and Financial Crimes Commission (EFCC) following the expiration of his tenure on January 27, 2024, thereby losing his immunity from prosecution.
Bello’s eight-year stint as the youngest governor in Kogi State concluded on Saturday, marking the end of an era that began in 2015 when he assumed power following the demise of Prince Abubakar Audu.
Sources close to the matter reveal that the EFCC, alongside other security agencies, is gearing up to summon Yahaya Bello to account for his administration’s actions during his tenure as the executive Governor of the Confluence State.
This development comes in the wake of the EFCC filing an appeal challenging a previous ruling by Justice Nicholas Oweibo of the Federal High Court in Ikoyi, Lagos, on April 26, 2023. The court had struck out a suit seeking the forfeiture of 14 properties and the sum of N400 million linked to Yahaya Bello, citing his immunity from prosecution under the 1999 constitution.
In its notice of appeal, the EFCC argued that Justice Oweibo had erred in law by dismissing the suit based on the immunity conferred on Bello during his tenure as governor. The Commission contended that this immunity does not extend to properties reasonably suspected to be proceeds of crime traced to him.
The EFCC further asserted that the court overlooked key decisions in previous cases, including EFCC V Fayose (2018) LPELR 44131 CA and Fawehinmi V IGP (2002) 7 NWLR (PT767) 606, in interpreting Section 308 of the 1999 Constitution.
Notably, Justice Oweibo had granted an interim forfeiture of Bello’s properties in Lagos, Abuja, and the United Arab Emirates on February 22, 2023. The court also ordered the preservation of N400 million recovered from an individual suspected of being associated with unlawful activities.
In response to the interim order, Bello’s legal team sought to vacate it, arguing that most of the properties were acquired before he became the Governor of Kogi State. The EFCC, in opposition, highlighted the applicant’s failure to respond adequately to the counter-affidavit, asserting that this constituted an admission of the application.
With Bello’s immunity officially expired as of Saturday, January 27, 2024, he now faces the possibility of being picked up by the EFCC for alleged money laundering and financial infractions during his tenure as the former governor of Kogi State.
