August 26, (THEWILL) – The legal battle between the Economic and Financial Crimes Commission, EFCC, and the former Governor of Kogi State, Yahaya Bello, appears to be coming to an end in favour of the anti-graft commission. Chairman of the commission, Olanipekun Olukoyede, had vowed to resign his appointment if the anti-graft agency failed to book the ex-Kogi helmsman.
Last Tuesday, the Court of Appeal, sitting in Abuja ordered Bello to present himself before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, for arraignment before any further action could be undertaken in his case.
The ruling was part of a unanimous judgment of the Appeal Court Justices, delivered by Hon Justice I.K. Amadi in the appeal filed by J.S.Okutepa, SAN on behalf of the Economic and Financial Crimes Commission, EFCC, against the judgment of Justice Isah Abdullahi Jamil of the Kogi State High Court in the fundamental right case filed by Bello in February 2024 in relation to his prosecution by the Commission.
The Appeal Court Justices further held that the freeing of Yahaya Bello from EFCC’s prosecution by Justice Jamil of the Kogi State High Court “under the guise of enforcing his fundamental rights was, “scandalous,” noting that “It is very clear that the purpose of the case instituted at the trial court was to shield the respondent Yahaya Bello from his criminal trial.”
Relying on the earlier ruling of the Appeal Court by Justice Oyewole in EFCC vs Yahaya Bello, CA/ABJ/CV/413/2024, the justices reiterated that “no Court has the power to preclude a law enforcement agent from performing its statutory functions.”
In upholding EFCC’s application for the quashing of Justice Jamil’s fundamental rights shield on Yahaya Bello, the justices agreed with the appeal of the commission, stating that it is “meritorious and is therefore allowed.”
More importantly, the justices drew authority from the provision of Section 396(2) of ACJA, and ordered Yahaya Bello to show up in court for his arraignment before any further action can be taken regarding his trial.
“In view of the provision of Section 396(2) of ACJA, the Respondent in this appeal; ALH. YAHAYA ADOZA BELLO is hereby ordered to appear for his arraignment in Charge No.: FHC/ABJ/CR/550/2022, FRN VS ALI BELLO & ANOR, before taking any other step in this matter,” the court ruled.
Yahaya Bello is facing prosecution by the EFCC alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80,246,470,089.88k. He has consistently refused to take a plea before the court in spite of several attempts made by the EFCC to this effect.
THEWILL recalls that the legal battle at a point posed a challenge to the integrity of the EFCC that it had to declare the immediate past Kogi State governor wanted.
According to a statement on its official Facebook, Thursday, April 23, the Commission declared Bello wanted for offences relating to economic and financial crimes.
“Former Kogi State Governor, Yahaya Bello, is wanted by the EFCC for offences relating to economic and financial crimes to the tune of N80.2 billion.
“Anybody with information as to his whereabouts should report immediately to the commission or the nearest police station,” the EFCC said.
The anti-graft agency’s officials had earlier besieged the former governor’s residence in Abuja to effect his arrest. But Bello’s successor, Governor Ahmed Usman Ododo came with his security operatives and whisked him away from the grasp of the EFCC.
At a point, the Nigeria Immigration Service had to join forces with the anti-graft agency to effect the ex-governor’s arrest until he finally agreed to appear in court to face trial on June 13, 2024 at the Federal High Court in Abuja, a date has now been fixed by the court for his arraignment.
Even so, counsel to the former governor, Abdulwahab Mohammed, gave the assurance after Bello failed to show up in court again to be arraigned on a 19-count charge bordering on money laundering, a case instituted by the Economic and Financial Crimes Commission, EFCC.
Mohammed, who informed the trial judge that Yahaya Bello’s whereabouts were unknown to him, said he had stayed away from the authorities because he feared for his life.
The counsel therefore noted that his client would make himself available to clear his name after he gets the assurance of the court that no harm will come to him.
Mohammed had however clarified that Bello would appear in court and not in EFCC custody.
The judge had earlier dismissed an application by Mohammed, asking for a stay of proceedings in the case on account of a pending matter at the Appeal Court. This is in respect of the case where an order was made stopping the contempt proceedings against the EFCC at the High Court in Lokoja.
The trial judge, Emeka Nwite, while ruling on an application by the counsel of the EFCC, Rotimi Oyedepo, said Yahaya Bello will not get the attention of the court until he obeys a subsisting order for him to appear. The judge said an order of the court must first be obeyed, even if done in error.
An EFCC source, who spoke to THEWILL on the condition of anonymity, said that the statement made by the Chairman on his determination to prosecute the case to its logical conclusion is being made to look as if there is something personal or a hidden agenda by the commission. “It is a legal matter and nothing more,” the source said.
