The Economic and Financial Crimes Commission (EFCC), on Monday, May 15, filed a motion for stay of execution of the ruling by a Federal High Court sitting in Lagos on 14 properties and the sum of N400 million allegedly linked to Kogi State Governor, Yahaya Bello.
Justice Nicholas Oweibo had, on April 26, struck out a suit by the EFCC seeking the final forfeiture of the property 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.
Upon resumed hearing, the counsel for the EFCC, Rotimi Oyedepo, SAN, informed the court of an application dated April 27, seeking a stay of execution of the ruling pending the outcome of the appeal on the case.
READ ALSO: Court strikes out forfeiture suit against Yahaya Bello
The respondent’s lawyer, Akoh Ocheni, filed an application seeking to strike out the EFCC’s request for stay of execution.
He argued that the anti-graft agency failed to comply with the rules of the court by not filling a written address and attaching same to the application.
Oyedepo 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, saying: “The proceeding is no longer before the court but in transmission to the Court of Appeal.”
Justice Oweibo, therefore, adjourned the matter sine die (indefinitely).
The judge had, on February 22, granted an interim forfeiture of the property in Lagos, Abuja, and the United Arab Emirates (UAE).
He also ordered the preservation of the sum of N400 million 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.”
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