Condemnation trails Yahaya Bello’s ordeal in the hands of the Economic and Financial Crimes Commission (EFCC)
Udoka Ekeleme, Abuja
On Wednesday, April 17, 2023, the Economic and Financial Crimes Commission (EFCC) laid siege to the Abuja residence of the former governor of Kogi State, Yahaya Bello, trying to get him arrested for an alleged fraud and embezzlement of funds belonging to the state to the tune of over N80 billion while he presided over the affairs of the state as the governor for eight years.
The siege which lasted for hours yielded no positive result for the anti-graft agency as its officials were unable to gain entrance to Bello’s house to effect the arrest. The EFCC said it instituted a case against Bello in the court for him to come and account for how he allegedly mismanaged the funds of Kogi State under his watch. Although the Kogi State Government had stated that it did not authorize the EFCC to investigate and prosecute the former governor because no such funds were missing in the coffers of the state, the EFCC is insisting that Bello has a case to answer at the court.
Thus, the Kogi State Government had accused the EFCC of witch-hunting Bello. Also, the Media Office of Bello said in a statement signed by Onogwu Mohammed that the EFCC invasion of Bello’s house was illegal and flagrant disrespect to a court order.
According to Mohammed, “The EFCC was duly served with that order on February 12, 2024, and on February 26, 2024, the EFCC filed an appeal (Appeal No. CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission versus 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 April 22, 2024.
“Furthermore, judgment in the substantive case between Àlhaji Yahaya Bello and the EFCC will be delivered at 12 noon today (Wednesday, April 17) 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 order.
“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”.
However, same day two courts had given conflicting orders for the arrest and/or not to arrest Bello at Abuja and Kogi State respectively.
A substantive judgment was delivered in favour of Bello earlier on Wednesday, April 17, 2024 when the Kogi State High Court sitting in Lokoja gave a restraining order to the EFCC against harassing, arresting, detaining or prosecuting the former governor. Justice L.A Jamil of Court IV gave the restraining order in a two-hour judgment delivered in Lokoja at about 12 pm on the said day. “By this order, the EFCC is hereby restrained from arresting, detaining, and prosecuting the applicant”, Justice Jamil ruled.
But the same day, a Federal High Court, Abuja, which is a Court of Coordinate Jurisdiction, presided over by Justice Emeka Nwite, ordered the arrest of, and prosecution of Bello by the EFCC, arguing that the Act that established the EFCC gives it the power to arrest with or without warrant of arrest. The EFCC also appealed against the February order which hearing was scheduled for April 22.
In another development, the EFCC declared Bello wanted even as the Federal Government said it placed him on its watch list. The EFCC said the declaration was due to Bello’s failure to appear in court on Thursday, April 18, to enter his plea to the 19-count charge of alleged complicity in money laundering, breach of trust and misappropriation of state funds amounting to over N80 billion.
Consequently, the EFCC said in a statement, “The public is hereby notified that Yahaya Bello, former governor of Kogi State, whose photograph appears above (in the statement), is wanted by the EFCC in connection with an alleged case of money laundering to the tune of N80,246,470,089.88.
“Bello, 48-year-old Ebiraman, is a native of Okenne Local Government of Kogi State. His last address is 9, Benghazi Street, Wuse Zone 4, Abuja.
“Anybody with useful information as to his whereabouts should please contact the Commission in its Ibadan, Enugu, Kano, Lagos, Gombe, Port Harcourt and Abuja offices”. The EFCC also threatened to us the army to arrest Bello.
On its part, the Nigeria Immigration Service (NIS) said Bello was placed in the watch list of the Federal Government. The Comptroller General of the NIS, Kemi Nanna Nandap in a memo the Service addressed to the Director General of the Department of State Service (DSS), Inspector General of Police (IGP) and the Director General, National Intelligence Agency (NIA), and signed by Assistant Controller Immigration (ACI) DS Umar on behalf of the CG, said that Bello was on the Federal Government watch list.
The memo read in part, “I am directed to inform you that the above named person has been placed on watch list.
“Suffice it to mention that the subject is being prosecuted before the Federal High Court, Abuja for conspiracy, breach of trust and money laundering vide letter Ref: CR; 3000/EFCC/LS/EGCS. 1/TE/V1/279 dated 18 April, 2024. If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation or contact 08036226329/07039617304 for further action”.
The EFCC had since March 11, 2024 appealed the interim order given by Justice Isa Abdullahi of the Kogi State High Court on February 9 restraining the Commission from taking any action against Bello pending the determination of the substantive matter. According to the appeal, “Whatever orders made when the court lacks jurisdiction are null and void orders. We, therefore, most respectfully urge this court to allow this appeal and to set aside the interim orders made by the trial court on February 9, 2024, in the interest of justice”.
Meanwhile some human rights activists have gone to the streets of Lagos State to protest what they called anti-democratic approach to law enforcement as well as unjust application of state power by the Federal Government. The group which number is about 120 said the actions of government in the faceoff between the EFCC and Bello indicate that it is beyond the anti-graft agency exercising its constitutional responsibility.
The Chairman of the Centre for Anti-Corruption and Open Leadership (CACOL), Debo Adeniran who led the other activists during the protest on Saturday, April 20, said, “Someone who was never invited, who has a valid court order restraining his arrest and harassment, among other reliefs sought, until the determination of the court case, could not be said to be evading arrest. It is deliberate misinformation to turn the public against the former governor.
“We don’t know who the next victim will be. If the FG continues in its iniquitous way of trampling on the rule of law by undermining our judicial system, we will mobilize a much larger number of Nigerians to join this pro-democracy struggle. It concerns all Nigerians because we don’t know who the next victim may be.
“There is no point endangering anyone’s life unnecessarily because that’s the situation we believe that Yahaya Bello is in now. If the government doesn’t handle this matter carefully, it may shoot itself in the foot and put all Nigerians in collective injury”.
Earlier on Thursday, April 18, also in Lagos, many anti-corruption crusaders and Civil Society Organizations (CSOs) had cautioned the EFCC and other anti-corruption agencies against trampling on the rights of alleged suspects of corruption to avoid breaking a law to enforce another law.
At a press conference organised by the groups and attended by their leaders including Adeniran of CACOL, Sina Loremikan of Campaign Against Impunity, Declan Ihekhaire of Activists for Good Governance, Gbenga Soloki of CADOV, Ochiaga Ohaneze of Youth Conucil, among others, said the action of the EFCC against Bello was “tantamount to the agency preempting the outcome of its appeal and also violating a subsisting and valid court order to pause action pending the determination of the case before it”.
In their own protest, the youths of Ebiraland where Bello comes from, have warned the Federal Government to make sure that no harm befalls their brother. Under the umbrella of Ebiraland Youths Coalition, the youths in a statement by their leader, and Coordinator, Fache Moses, said, “The action of the police and Department of State Service (DSS), has now made the former governor vulnerable, and the youths of our land will be left with no other options than to defend our own even if it’s with our bare hands if the harassment continues unabated”.
