By Clement Adeyi, with agency report
It was drama yesterday as the Governor of Kogi State, Usman Ododo, intervened by ‘smuggling’ the embattled former governor, Yahaya Bello, from his residence in Abuja.
The move came after a heavy security presence made up of operatives of the Economic and Financial Crimes Commission (EFCC), surrounded Bello’s home in an apparent attempt to arrest him.
While the reason for the heightened security and restricted movement around Bello’s residence remains unclear, it may be linked to previous allegations of N84 billion money laundering against him.
Operatives of EFCC had yesterday laid siege to the Abuja home of Bello for over 12 hours to arrest him over an alleged N84bn fraud case which the anti-graft agency is currently prosecuting.
ThisNigeria gathered that dozens of fierce-looking operatives of the anti-graft agency cordoned off Benghazi Street in Wuse Zone 4, Abuja home of the former governor when they stormed the house.
*Stand on continues in alleged N84bn fraud with series of court orders between ex-Kogi gov, anti-graft agency
While the drama was ongoing, there were battles of court orders between former governor Bello and the anti-graft agency over the arrest.
*Lokoja court restrains EFCC from arresting, detaining Bello
A state High Court sitting in Lokoja yesterday restrained the Economic and Financial Crimes Commission (EFCC) from arresting, detaining, and prosecuting the ex-governor of Kogi State, Yahaya Bello.
Justice I.A Jamil of High Court IV gave the order in a two-hour judgement delivered in suit no HCL/68/M/2020 in Lokoja.
The judge 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.
Bello had filed a case of a breach of his fundamental human rights by the Anti-graft agency before the state High Court.
The ex-gov had prayed for an order restraining the EFCC from arresting, detaining, and prosecuting him unjustly.
He sought the enforcement of his fundamental right against the Economic and Financial Crimes Commission.
Consequently, the Court restrained the respondents from persecuting the applicant, safe only when it has reasonable evidence upon proper investigation.
On the issue of jurisdiction, as challenged by the EFCC, the judge said it had failed and so was dismissed.
“This honourable court has jurisdiction to entertain this application. Therefore, the substantive issues of fundamental human rights sought by the applicant succeed,” the judge declared.
Speaking to newsmen shortly after the judgement, the Applicant counsels, S.A. Abbas and MS Yusuf described the judgment as a landmark and a victory for the judiciary.
*EFCC’s Abuja court warrant
Earlier yesterday, a Federal High Court in Abuja ordered that a warrant be issued to the Economic and Financial Crimes Commission (EFCC) for the immediate arrest of the former Governor of Kogi, Alhaji Yahaya Bello.
Justice Emeka Nwite, in a ruling on EFCC’s ex-parte motion, held that after listening to the submission of the commission’s counsel, Rotimi Oyedepo (SAN), and reading the affidavit in support of the motion, including the exhibits and written address, he was inclined to grant the application.
The News Agency of Nigeria (NAN) had earlier reported that a High Court sitting in Lokoja on Wednesday restrained the EFCC from arresting, detaining, and prosecuting Bello.
Justice I.A Jamil, who gave the order in a two-hour judgment delivered in suit no HCL/68/M/2020, held that infringing on Bello’s “fundamental human rights is null and void.”
The judge, who dismissed the commission’s application challenging the jurisdiction of the court, said, “By this order, the EFCC is hereby restrained from arresting, detaining, and prosecuting the applicant. This is a definite order following the earlier interim injunction given.”
However, in a ruling delivered by Justice Nwite on Wednesday, the judge ordered that a warrant be issued to the commission for Bello’s immediate arrest. He also directed that the former governor be produced before the court on April 18 for arraignment.
“It is hereby ordered as follows: That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment.
“That case is adjourned to the 18th day of April 2024 for arraignment,” he declared.
NAN reports that the EFCC, in the motion ex-parte marked: FHC/ABJ/CR/98/2024 dated April 16 and filed April 17, sought six orders.
These include, “An order granting leave to the complainant/applicant to effect service of the charge together with the proof of evidence on the defendant by substituted means to wit; by pasting the charge at the last known address of the defendant within the jurisdiction of this honourable court being: 9, Benghazi Street, Wuse Zone 4, Abuja.
“An order directing and/or issuing an arrest warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment.”
In the alternative, the anti-graft agency sought an order issuing and directing the publishing of a public summons requiring/commanding the defendant to appear before the court on a named date, among others.
The conflicting orders came after the EFCC had appealed against the initial order, and the appeal was scheduled for hearing on April 22 in Appeal No: CA/ABJ/CV/175/2024 between EFCC and Alhaji Yahaya Bello.
*Ex-Kogi governor begs Tinubu to call anti-graft agency to order
He, however, appealed to President Bola Tinubu to prevail on the EFCC to stop his arrest in the interest of legal integrity.
“About 9:30am today, the 17th day of April 2024, persons who described themselves as officers of the Economic and Financial Crimes Commission arrived at the Wuse Zone 4 Residence of Alhaji Yahaya Bello to effect his arrest.
“This is despite a subsisting order of injunction granted on February 9, 2024, by the High Court of Justice, Lokoja Division, in Suit No. HCL/68M/2024 between Alhaji Yahaya Bello v. Economic and Financial Crimes Commission, restraining the Commission either by itself or its agents from harassing, arresting, detaining, or prosecuting Alhaji Yahaya Bello, pending the hearing and determination of the substantive fundamental rights enforcement action.
“The EFCC was duly served with that Order on 12th February 2024 and on 26th February 2024; the EFCC filed an Appeal (Appeal No.: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission vs. Alhaji Yahaya Bello) against the said Order to the Court of Appeal Abuja division.
“The Appeal was accompanied by a Motion for Stay of Execution of the Order of the High Court which the Court of Appeal adjourned for hearing till the 22nd day of April 2024.
“Furthermore, judgment in the substantive case between Alhaji Yahaya Bello and the EFCC is to be delivered at noon today in Lokoja.
“Contrary to all of the above, the EFCC has now laid siege to the home of H.E Yahaya Bello seeking to arrest him in contravention of the extant orders!
“It is a surprise that an agency led by a lawyer could flagrantly disobey a subsisting court order by taking actions contrary to the reliefs granted.
“We are aware of the total commitment of the current administration of President Bola Ahmed Tinubu to the rule of law and can say categorically that the leadership of the EFCC might have offered the agency on a platter of gold to desperate politicians to convert to their score settling tool without minding the effect on its integrity and the image of Nigeria as regards the rule of law.
“A situation where law enforcers disregard the rule of law is a definite recipe for anarchy, which will adversely affect every aspect of the nation’s economy.
“Nigerians have perceived the desperation of the anti-graft agency to embarrass and harass the former governor by all means through spurious allegations, especially the latest one dating back to September 2015, way before he assumed office.
“We are aware that there are clandestine moves to correct the error, but with even more questionable allegations, which would embarrass the Commission and Nigeria more than the initial one.
“It is unfortunate that an agency that is supposed to enforce the law is now the first culprit concerning disobedience of court orders. This is a big dent in the fight against corruption. He who comes to equity must come with clean hands. We call on President Bola Ahmed Tinubu to call the EFCC to order in the interest of legal sanity.”
*EFCC insists on arraigning Bello
Meanwhile, the EFCC has said it will on Thursday (today) arraign Bello before a Federal High Court sitting in Abuja.
Head of Media and Publicity for the EFCC, Mr Dele Oyewale, announced this in a statement, hours after the commission laid siege to the former governor’s residence in Abuja in a bid to arrest him.
“He will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80, 246,470, 088.88( Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo),” the statement read in part.
Bello’s arraignment is coming on the heels of a warrant of arrest and enrolment order granted the EFCC by the court yesterday.
The first count of the charges reads, ”That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88( Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.
Count 17 of the charges reads, “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggreagate sum of N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thouand Six Hundred and Fifty Four Naira) in account numbder 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.
Count 18 of the charges reads, “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders international Limited to transfer the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.”
The Commission explained in the statement that its attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024.
“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, Oyewale, said.
“As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024. It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”
