…Ex- Gov Claims EFCC Arrest Attempt Illegal, Breaching Court Order
The Federal High Court Sitting in Abuja has granted the Economic and Financial Crimes Commission (EFCC) permission to arrest the former governor of Kogi State, Yahaya Bello, preparatory to his arraignment on Thursday.
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 for the purpose of bringing him before this honourable court for arraignment.
“That case is adjourned to 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 for the purpose of bringing 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.
NAN reports that 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-Gov Claims EFCC Arrest Attempt Illegal, Breaching Court Order
Meanwhile, Bello has denounced his attempted arrest by the Economic and Financial Crimes Commission as illegal and in direct violation of a standing court order.
The confrontation occurred on Wednesday as EFCC operatives converged on Bello’s residence in Wuse Zone 4, Abuja, purportedly in connection with an ongoing N84 billion fraud case.
Bello’s media office released a statement, asserting that the EFCC’s actions flouted a court injunction issued in February.
The injunction, granted by the High Court of Justice, Lokoja Division, restrained the EFCC from harassing, arresting, detaining, or prosecuting Bello pending the resolution of a fundamental rights enforcement action.
Despite being served with the order on February 12, the EFCC proceeded with its arrest attempt, prompting Bello to condemn the agency’s disregard for legal protocol.
The statement detailed the legal proceedings, including the EFCC’s appeal and motion for a stay of execution, scheduled for hearing on April 22 at the Court of Appeal, Abuja division.
Moreover, it highlighted the imminent judgment in the substantive case between Bello and the EFCC, slated for delivery in Lokoja later that day.
Expressing astonishment at the EFCC’s actions, Bello’s camp criticized the agency for blatantly flouting a court order and disregarding the rule of law.
The statement underscored the irony of a law enforcement agency led by legal professionals openly defying judicial directives.
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