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Appeal Court restores EFCC’s forfeiture order on Yahaya Bello’s 14 properties
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The Court of Appeal in Lagos has restored the interim forfeiture order obtained by the Economic and Financial Crimes Commission (EFCC) to seize 14 properties allegedly linked to Kogi State Governor, Yahaya Bello.
Justice Yargata Nimpar who read the unanimous judgment which was delivered virtually on Wednesday, set aside a Federal High Court ruling that struck out the order and held that the lower court erred in law by relying on Section 308 of the 1999 Constitution.
Section 308 of the Constitution grants immunity to sitting governors from civil and criminal proceedings.
Justice Nimpar in restoring the preservation order held that immunity does not extend to properties suspected to be proceeds of unlawful activity, and such assets can be investigated and preserved pending the outcome of a forfeiture application.
The other justices of the panel who concurred with decision are Justice Danlami Senchi and Justice Paul Bassi. They directed the EFCC to proceed to a final forfeiture hearing.
In February 2023, Justice Nicholas Oweibo of the Federal High Court, Lagos, had granted an interim forfeiture order in favour of the EFCC.
Rotimi Oyedepo (SAN) who argued the ex parte application on behalf of the EFCC had told Justice Oweibo that the assets were suspected to be proceeds of crime.
The judge granted the order which allowed the anti-graft agency to temporarily seize 14 properties located in Lagos, Abuja, and Dubai, United Arab Emirates (UAE), which were suspected to be proceeds of unlawful activity.
The court also directed the EFCC to publish the order in two national newspapers, and to invite interested parties to show cause why the properties should not be permanently forfeited to the Federal Government.
Following the publication, Governor Bello filed a notice of intention to oppose the forfeiture and applied to vacate the interim order.
Bello argued that the properties were acquired before his election as governor and therefore could not have been purchased with Kogi State funds.
He invoked Section 308 of the Constitution, which grants immunity to sitting governors from civil and criminal proceedings, contending that the EFCC lacked the authority to institute any action against him while in office.
His legal team further argued that the Proceeds of Crime Act, 2022 could not be applied retrospectively, as the properties were allegedly acquired before the law came into effect.
They further argued that EFCC’s action violated an order of a Kogi State High Court restraining the agency from investigating state accounts and that the Federal High Court in Lagos lacked jurisdiction, as the properties were located in Abuja, Kogi, and Dubai, while he resides in Lokoja.
In response, the EFCC counsel asked the court to uphold the interim forfeiture order, arguing that no Nigerian court had barred the commission from carrying out its constitutional duties.
He maintained that the properties, including a luxury apartment at the Burj Khalifa in Dubai, were reasonably suspected to have been acquired with proceeds of unlawful activity. He also sought the forfeiture of an additional N400 million linked to the same investigation.
The forfeiture order, which was earlier granted by Justice Nicholas Oweibo on February 22, 2023, was subsequently lifted by him on April 26, 2023, on the ground that Section 308 of the Constitution protected a sitting governor from any civil or criminal proceedings.
The judge concluded that the court lacked jurisdiction and struck out the case.
Dissatisfied with the decision, the EFCC appealed, asking the Court of Appeal to restore the interim forfeiture order.
In its judgment, delivered virtually, the appellate court agreed with the EFCC that such assets can be investigated and preserved pending the outcome of a forfeiture application.
“The trial court erred in striking out the case rather than proceeding to determine whether the properties should be finally forfeited,” the court ruled.
The Court of Appeal dismissed Bello’s preliminary objection as lacking merit, reinstated the interim forfeiture order, and directed the EFCC to proceed with the final forfeiture hearing.
News
BUA Cement distributes N108m farm inputs to 211 Sokoto farmers
BUA Cement Plc has distributed agricultural inputs valued at over N108 million to 211 farmers from its host and resettled communities in Sokoto State under its Resettlement and Sustainable Livelihood Restoration Programme.
The initiative is targeted at farmers affected by the company’s quarry operations and is aimed at restoring livelihoods, improving agricultural productivity and supporting food production.
Speaking at the distribution ceremony, the Managing Director of BUA Cement Plc, Engr. Yusuf Binji, said the programme reflects the company’s commitment to sustainable community development and economic empowerment.
Represented by the Assistant Director of Corporate Services, Alhaji Sada Suleiman, Binji said the intervention was designed to help resettled community members rebuild their livelihoods through agriculture.
“We believe that supporting agriculture is one of the most effective ways of empowering rural households and improving their economic well-being,” he said.
According to him, the company is focused on creating sustainable opportunities for affected communities beyond compensation and resettlement.
He added that the intervention would help improve beneficiaries’ incomes while contributing to increased food production in Sokoto State and across the country.
The company’s Director of Health, Community, Safety and Environment, Engr. Ali Gumel, urged beneficiaries to make effective use of the farm inputs, noting that they had received training on their proper application.
He said the company expects the inputs to translate into higher crop yields, improved household incomes and sustainable agricultural development.
Also speaking, the Programme Manager of the Sokoto State Agricultural Development Programme (SADP), Alhaji Abubakar Danmaliki, described the initiative as an example of effective collaboration between the private and public sectors in promoting rural development.
He said the programme would support farmers in recovering from the challenges associated with resettlement while boosting agricultural output.
Danmaliki added that beneficiaries would continue to receive extension services and technical support to encourage the adoption of improved farming practices.
The company’s Social Performance Specialist, Alhaji Rabiu Maska, said the package included NPK, urea and liquid fertilisers, improved maize, sorghum, cowpea and groundnut seeds, as well as pesticides, herbicides and other farm inputs.
According to him, the intervention was tailored to meet the farming needs of the beneficiaries and improve their harvests.
Some of the beneficiaries commended BUA Cement for the support, describing it as timely in view of rising production costs.
They pledged to utilise the inputs for the intended agricultural purposes to maximise the benefits of the programme.
News
Gombe LG Polls: APC Sweeps All Seats
The All Progressives Congress (APC) has emerged victorious in all the 24 chairmanship seats and 240 councillorship positions contested in Saturday’s local government elections in Gombe State.
Chairman of the Gombe State Independent Electoral Commission (GOSIEC), Abdullahi Garba Talasse, who announced the results on Saturday in Gombe, declared that the ruling party won in all the local government councils and Local Council Development Areas (LCDAs) where elections were conducted.
Talasse described the successful conduct of elections in the newly created LCDAs as a milestone in the state’s democratic development, noting that Gombe had expanded from 11 local government councils with 114 councillors to 24 councils and LCDAs with 240 councillors.
He said the commission worked closely with the State House of Assembly to secure the legal backing required for elections to be held in the LCDAs.
“We did not struggle for the enabling law in vain. Today, we have successfully conducted elections across the 24 councils and LCDAs, which is a significant achievement for the state,” he said.
The GOSIEC chairman attributed the poor showing of opposition parties to their limited participation in the polls.
According to him, the African Congress (AC) fielded candidates in only three chairmanship contests, while the Democratic Liberation Alliance (DLA) contested in six councils.
He added that the New Nigeria People’s Movement (NRM), Youth Party (YP) and Zenith Labour Party (ZLP) each sponsored candidates in three chairmanship elections.
For councillorship positions, Talasse said AC contested in eight wards, while DLA, NRM, YP and ZLP each fielded candidates in 11 wards.
“That explains why some parties recorded zero votes in several areas because they did not participate across all the councils and wards,” he said.
Talasse explained that although chairmanship results were declared at the various local government collation centres, the commission considered it necessary to present a statewide summary to journalists, observers and the public.
“From the results before the commission, APC has won all the 24 chairmanship seats and all the 240 councillorship positions,” he declared.
He commended political parties, election observers, civil society organisations, security agencies and other stakeholders for contributing to the peaceful conduct of the elections.
The GOSIEC chairman also appreciated party leaders, government officials, non-governmental organisations and other guests from across the country who monitored the exercise, describing their participation as crucial to the success of the electoral process.
News
Ex-President Obasanjo Blames Greed, Carelessness For Global Warming
Former President of Nigeria, Olusegun Obasanjo, has attributed global warming to human greed, selfishness, and reckless exploitation of the environment, warning that such actions continue to disrupt the natural balance of the ecosystem.
Obasanjo made the remarks in Kano during an event organised in honour of former President of the Nigerian Bar Association, Abubakar Mahmoud, and his Environment and Sustainability Initiative and Trust Fund.
Speaking at the event, Obasanjo acknowledged the reality and growing impact of climate change, stressing that human activities remain a major driver of global warming.
“God created our world in balance, but we, as human beings, out of selfishness and carelessness, have done more harm than good to our environment, and we need to do more in the safekeeping of our environment,” the former president said.
Obasanjo also revealed that he has personally planted more than 3.5 million trees as part of efforts to combat climate change, stressing that protecting the environment is a collective responsibility and a global public good.
The Kano State Government commended the initiative and pledged its support to ensure its sustainability.
The Commissioner for Environment and Water Resources, Dahiru Hashim, described the initiative as a significant step towards environmental protection and sustainable development.
“In recognition of this laudable initiative, the Kano State Government has approved the donation of 10,000 seedlings for the Mahmoud Environmental and Sustainable Trust,” Hashim said.
In his remarks, Abubakar Mahmoud said the initiative seeks to promote environmental sustainability and preserve the ecosystem for the benefit of both present and future generations.
“I started a small project that has grown into something quite formidable, providing protection to villages around and to preserving various species of plants,so what we are trying to do is to continue with this legacy,” he said.
The event attracted several dignitaries, including the vice presidential candidate of the Nigeria Democratic Congress (NDC), Rabiu Kwankwaso, former chairman of the Independent National Electoral Commission (INEC), Attahiru Jega, officials of the Kano State Government, and other stakeholders.
Participants at the event called for deliberate and collective action to address climate change and environmental degradation.
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