Today, the Court of Appeal in Abuja is set to hear the appeal filed by the Economic and Financial Crimes Commission (EFCC) against a ruling by the Kogi State High Court, which barred the anti-graft agency from arresting former Governor Yahaya Bello of Kogi State.
The Kogi court, in a ruling on February 9, 2024, restrained the EFCC from taking any action against Bello, including inviting, arresting, detaining, or prosecuting him, pending the determination of a fundamental rights suit he filed before the court.
The EFCC intends to arraign the former governor on 19 counts relating to money laundering, breach of trust, and misappropriation of funds totaling N80.2 billion.
In its bid to ensure Bello faces justice, the EFCC approached the Federal High Court in Abuja seeking an arrest warrant while the Federal High Court in Kogi was considering Bello’s fundamental human rights suit. Despite this, EFCC’s attempt to arrest Bello at his Abuja residence was unsuccessful.
As a result, Bello’s arraignment scheduled for the following day was adjourned by Justice Nwite, who also postponed the ruling to Tuesday, April 23.
Though Bello was absent to enter his plea, his legal team, led by Mr. Abdulwahab Mohammed (SAN), informed the court about the ongoing appeal.
Mohammed argued that it was improper for the EFCC to seek an arrest warrant against Bello while the matter was already before the appeal court.
However, EFCC’s counsel, Mr. Kemi Pinehero, contended that the trial could proceed.
In its appeal, filed through its solicitor, J.S. Okutepa (SAN), the EFCC is seeking a stay of execution of the Kogi State trial court’s order. The agency contends that it is statutorily mandated to investigate and prosecute economic crimes and describes the lower court’s order as obstructive to its functions.
“The orders granted ex parte on the 9th of February 2024 constitute a hindrance to the appellant/applicant’s performance of its statutory functions and duties under the EFCC Act 2004,” the EFCC argued.
