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Justice Nicholas Oweibo of the Federal Excessive Court docket in Lagos, on Monday, refused to entertain an software filed by the Financial and Monetary Crimes Fee, looking for a keep of execution of the ruling that lifted a forfeiture order on some property linked to the Kogi State Governor, Yahaya Bello.
The decide adjourned the listening to of the applying indefinitely as a result of the matter is now earlier than the Lagos Division of the Court docket of Attraction.
Justice Oweibo had, on April 26, 2023, struck out a go well with by the EFCC looking for the ultimate forfeiture of the properties on the grounds of provisions of Part 308(1) of the Structure.
The Choose had held that “given Part 308 of the Structure, which supplies immunity to a sitting governor from any civil/ felony prosecution, the courtroom lacks jurisdiction to entertain the matter”, and the go well with was struck out.
When the matter was known as on Monday, the EFCC counsel, Rotimi Oyedepo (SAN), knowledgeable the courtroom that he had filed an software dated April 27, 2023, looking for a keep of execution of the ruling pending the end result of the enchantment on the case.
However in his response, counsel to the Kogi State governor, Akoh Ocheni, requested the courtroom to strike out the applying as a result of the anti-graft company did not adjust to the foundations of the courtroom, which mandates it to file a written deal with together with the applying.
Ocheni additionally knowledgeable the courtroom that the matter was now earlier than the Court docket of Attraction as data of proceedings have been transmitted to the higher courtroom.
He argued that the decrease courtroom lacked the jurisdiction to proceed to listen to the applying.
After listening to the attorneys, Justice Oweibo adjourned the matter sine die to await the appellate courtroom’s resolution.
The decide had earlier on February 22, granted a short lived forfeiture order following an exparte movement filed by the EFCC looking for to grab 14 properties positioned in Lagos, Abuja and the United Arab Emirates (UAE).
Governor Bello, nevertheless, filed a Discover of Intention to oppose and an software looking for the holiday of the interim forfeiture order.
The Governor, by way of his lawyer, Abdulwahab Mohammed (SAN), additionally argued that the property listed weren’t proceeds of illegal acts, as they had been acquired lengthy earlier than he was elected as Kogi State Governor and couldn’t have been acquired from Kogi State funds.
He additional submitted that the case was in flagrant disobedience to a state excessive courtroom order, which restrained the Financial or authorities company from taking motion that will result in the forfeiture of the properties.
He added that the interim forfeiture order was obtained by both suppression or misrepresenting details by the Fee.
The governor additionally stated that the continuing of the Crime Act couldn’t take impact looking back because the property in dispute was acquired earlier than he grew to become Kogi state governor.
He stated the validity of the Crime Act is being challenged on the Supreme Court docket.
In his response, the counsel to the EFCC, Rotimi Oyedepo (SAN), maintained that the applicant had positioned adequate supplies earlier than the courtroom to persuade the courtroom to vacate the order.
The decide held that given Part 308 of the Structure, which supplies immunity to a sitting governor from any civil/felony prosecution, the courtroom lacked the jurisdiction to entertain the matter.
The courtroom, subsequently, struck out the go well with for lack of jurisdiction.
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