The court of appeal in Abuja has ordered Yahaya Bello, former governor of Kogi state, to present himself for arraignment by the Economic and Financial Crimes Commission (EFCC).
The court overturned the decision of a Kogi state high court that restrained the EFCC from prosecuting Bello over the allegation of N80 billion money laundering.
In a unanimous decision delivered on Tuesday, a three-member panel of the appellate court led by Ken Amadi also restrained the former governor from taking any further action regarding the charges against him until he has been formally arraigned.
The appeal was filed by the EFCC against the judgment of Isah Abdullahi Jamil, judge of the Kogi state high court, in a fundamental rights case instituted by Bello in February.
On February 9, the Kogi high court granted an interim injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute” Bello, his former appointees, and staff or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights.
Since then, efforts to arrest and arraign the former governor, who is currently in hiding, have not been successful.
The appeal court described the judgment by the Kogi high court as “scandalous”.
Amadi held that it was very clear that the purpose of the case instituted at the trial court was “to shield the respondent, Yahaya Bello, from his criminal trial”.
The court also relied on the earlier decision of Olubunmi Oyewole JCA in EFCC vs. Alh. Yahaya Bello, CA/ABJ/CV/413/2024 to reiterate that “no court has the power to preclude a law enforcement agent from performing its statutory functions.”
On the whole, the court agreed with the submissions of the EFCC and held that the appeal is meritorious and is therefore allowed.
“In view of the provision of Section 396(2) of the Administration of Criminal Justice Act, ACJA, the respondent in this appeal, Alhaji Yahaya Adoza Bello, is hereby ordered to appear for his arraignment in Charge No.: FHC/ABJ/CR/550/2022, FRN VS ALI BELLO & ANOR, before taking any other step in this matter,” the court ruled.
