…Court Can’t Prevent EFCC From Prosecuting Bello — Falana
The embattled former governor of Kogi State, Yahaya Bello, has been whisked away from his Abuja residence by his successor, Governor Usman Ododo, according to the Economic and Financial Crimes Commission (EFCC).
A top source in the EFCC, who preferred not to be named, confirmed this to Channels Television.
This is coming after operatives of the anti-graft agency had laid siege to the Wuse Zone 4 residence of the former Kogi governor for most part of Wednesday.
The EFCC had cordoned off the road and entrance to Bello’s residence in an attempt to have him arrested and arraigned for corruption charges on Thursday.
As the EFCC operatives surrounded the ex-governor’s residence, his successor Ododo arrived amid cheers from the supporters of Bello who had gathered to support their embattled principal.
The Kogi State governor after a while left the premises of his predecessor, with the anti-graft agency confirming that he took Bello along with him.
This development now puts in doubt the ex-governor’s expected arraignment on a 19-count charge before Justice Emeka Nwite of the Federal High Court Abuja on Thursday.
Meanwhile, there was conflicting court order over the arrest of the Kogi former governor on Wednesday.
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 permission 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.
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.
Meanwhile, Human Rights lawyer, Mr Femi Falana SAN, on Wednesday, said no court of law can prevent the Economic and Financial Crimes Commission from prosecuting the former governor of Kogi state, Yahaya Bello, over alleged theft of N84bn from the coffers of the state.
Falana’s reaction came on the heels of the declaration by the former governor that the EFCC had disobeyed a court order by attempting to arrest him to answer the charge of the alleged N84bn theft.
Falana, in a statement he signed, said the move by the EFCC was tenable as Bello had lost his immunity from arrest and prosecution.
“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,” Falana asserted.
Speaking further, the human rights lawyer said 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.
Citing the case of Orji Kalu versus the Federal Republic of Nigeria (2016) 39 WRN 53, where the Appellant challenged the EFCC for charging him before the Federal High Court despite 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,” Falana recalled.
Speaking further, Falana advised that the Inspector General of Police, Kayode Egbetokun, withdraw police officers attached to Bello’s residence.
“Because 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,” he said.