The Court of Appeal in Abuja will today (Monday) hear the appeal lodged by the Economic and Financial Crimes Commission against the order of a Kogi State High Court which restrained the anti-graft agency from arresting the immediate-past governor of Kogi State, Yahaya Bello.
The Kogi court, in a ruling on February 9, 2024, restrained the EFCC from “inviting, arresting, detaining, prosecuting” Bello pending the determination of a fundamental rights suit he filed before the court.
The anti-graft agency is seeking to arraign the ex-governor on 19 counts bordering on money laundering, breach of trust and misappropriation of funds to the tune of N80.2bn.
The anti-graft agency determined to get Bello to face the law for his alleged crime, approached the Federal High Court in Abuja last Wednesday to get an arrest warrant while the Federal High Court in Kogi was delivering judgment on Bello’s fundamental human rights suit.
With the arrest warrant, EFCC visited Bello’s Abuja home with hopes to get him arrested but failed.
This resulted in the inability of the former governor to be arraigned the next day in court which led Justice Nwite to adjourn for arraignment and ruling till Tuesday April 23.
Alhough Bello was absent to take his plea, his team of lawyers, led by Mr. Abdulwahab Mohammed (SAN), informed the court of the matter before the appeal court.
Mohammed told the court that it was wrong for the EFCC to apply for an arrest warrant against Bello when the same matter was already before the appeal court.
The EFCC counsel, Mr Kemi Pinehero, argued that court could go ahead with the trial.
The EFCC, in its appeal through its solicitor, J.S. Okutepa (SAN), is seeking a stay of execution to the order of the trial court in Kogi State.
In the appeal marked CA/ABJ/PRE/RDA/CV/165MI, the anti-graft agency contested the court order on the grounds that it is a body created by statute to carry out functions specified in its Establishment Act and empowered to investigate and prosecute economic crimes as set out under sections 6 and 7 of the EFCC Act.
The EFCC faulted the order of the lower court, describing it as an obstruction.
“The orders granted ex parte on the 9th of February 2024 constitute a clog in the progress of the appellant/applicant’s performance of its statutory functions and duties under the EFCC Act 2004,” the EFCC said.
Meanwhile, a chieftain of the All Progressives Congress, Jesutega Onokpasa, has called on the incumbent and former governors to rise against what he called the unjust persecution of Bello by the EFCC.
Addressing newsmen in Abuja on Sunday, the Chairman of Tinubu Media Support Group, Jesutega Onokpasa, lamented the prosecution of the former governor.
Onokpasa, who was flanked by two other party chieftains, Abubakar Iliyasu and Felix Etedjere, also described the attempt to allegedly cage Bello as a coordinated witch-hunt.
“Today it is Yahaya Bello’s turn, tomorrow, it might be yours. As far as we are aware, former Governor Bello had obtained a court order restraining the EFCC from arresting, arraigning or prosecuting him and we state categorically that he was perfectly entitled in law to place reliance on the protection of the law, indeed the same law, which binds all of us in a civilized society,” he stated.
He said, “The remedy against an order of the court is to vacate the order or to appeal the same and most certainly not for law enforcement to thump its nose against the court and decompose into lawlessness and brigandage.
“As usual, the EFCC has descended into grotesque unprofessionalism and playing to the gallery by taking what is beginning to appear as a persecution rather than a prosecution to the court of public opinion instead of lawfully canvassing it before the court of law.
“In the process, even the security details of former Governor Bello have been most rascally and illegally withdrawn thus exposing him to grave danger.”
He added, “We unequivocally condemn this witchhunt against a citizen of the Federal Republic of Nigeria and a former governor of one of the states of this country.
“We enjoin all well-meaning citizens of our great nation to repudiate these excesses even as we call on all sitting governors, former governors and all politically exposed persons to stand against this utter travesty.”