- Drama As Conflicting Court Orders Hampers Trial Of Ex Kogi Gov
- · EFCC Flexes Muscles, Warns Against Further Obstruction Of Its Operations
- · Falana Blows Hot, Says No Court Can Prevent EFCC From Prosecuting Yahaya Bello
Drama aplenty emerged on Wednesday as the Economic and Financial Crimes Commission (EFCC) moved to arrest and prosecute former Kogi State Governor Yahaya Bello for an alleged N80.2bn money laundering and theft case during his time as governor of the state.
Bello served as the governor of the North Central state from January 27, 2016 to January 27, 2024, when he handed over to his fellow party man in the All Progressives Congress (APC), Usman Ododo.
However, conflicting court order over the arrest of the Kogi former governor emerged on Wednesday.
READ ALSO: New Kogi Governor Ododo Retains Yahaya Bello’s Loyalists, Nephew
One of the rulings, which came from a Kogi State High Court sitting in Lokoja, restrained the EFCC from arresting, detaining or prosecuting Bello.
Justice I.A Jamil, who gave the order in a two-hour ruling on Wednesday, said that infringing on the fundamental human rights of the former Kogi is null and void except as authorised by the Court.
“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant except as authorised by the Court.
“This is a definite order following the earlier interim injunction given,” he said.
The EFCC, however, obtained another court order from the Federal High Court sitting in Abuja to arrest the ex-Kogi State governor in preparation to his arraignment on Thursday.
Justice Emeka Nwite granted the warrant this afternoon at the instance of the EFCC.
Reacting to the court order preventing the EFCC from arresting Bello, a Senior Advocate of Nigeria and human rights lawyer, Femi Falana, in a statement on Wednesday, faulted the ruling.
Hear him, “By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.
“The allegation made by Ex-Governor Yahaya Bello that the Economic and Financial Crimes Commission has disobeyed a court order by attempting to arrest him to answer the charge of N84 billion theft is legally untenable. As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria.
READ ALSO: Ododo Backs Yahaya Bello as EFCC Lay Siege on Ex-Governor’s House
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him. In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.
“In dismissing the appeal, the Supreme Court said that the “gagging order” should not be allowed to stand and that “The suit of the Appellant at Abia State High Court and the general and ambiguous order made therein were clearly intended to ‘muzzle’ or prevent the 1st Respondent from discharging its statutory function.”
“Similarly, in Uwazuruike v AGF (2013) 10 NWLR (Pt. 1361) 105, (2013) LPELR-20392 (SC) the Supreme Court ruled that “The Orders of an Owerri Federal High Court made on the 18th of January 2005 restraining the named respondents from arresting Ralph Uwazuruike relates to the proceeding before the Owerri Federal High Court which were ongoing at the time the Orders were made ex-prate. The orders are in no way related, nor do they affect or stop a subsequent arraignment of Ralph Uwazuruike for treason etc”.
“In view of the foregoing, the police officers who prevented the Economic and Financial Crimes Commission from arresting the suspect have committed a grave criminal offence. The Inspector-General of Police, Dr. Kayode Egbetokun should withdraw the said police officers from the private residence of Mr. Bello without any delay and have them charged for obstruction of justice.”
Earlier, stern looking operatives of the Commission had laid siege to the residence of the former Governor since 9am on Wednesday.
However, a convoy of the current governor, Usman Ododo broke through the corridor, and whisked away the embattled former governor thereby preventing the anti-graft agency from effecting his arrest.
Reacting to this, EFCC warned members of the public that “it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties”.
“Section 38(2)(a)(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties . Culprits risk a jail term of not less than five years,” said the Head, Media & Publicity of the EFCC in a statement on Wednesday.
“This warning becomes necessary against the background of the increasing tendency by persons and groups under investigation by the Commission to take the laws into their hands by recruiting thugs to obstruct lawful operations of the EFCC.”
“The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle, Mr Oyewale, said in a separate statement.
He explained that such actions would no longer be tolerated.
“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order,” he said.
“Regrettably, such disposition is being construed as a sign of weakness. The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions.”
