The Economic and Financial Crime Commission (EFCC) has denied disobeying a court order in its bid to arrest and arraign former Kogi State Governor Yahaya Bello over the N80 billion money laundering charges pending against him.
“Bello sought refuge in a fundamental rights enforcement action through an order granted by Justice Isa Jamil Abdulallahi of the Kogi State High Court, the order did not vitiate or nullify an order made by the Federal High Court for the arrest of the former governor for the purpose of his arraignment.
“The enrolled Order of the Kogi State High Court only granted an order to enforce Bello’s right to personal liberty and freedom of movement, it didn’t preclude the Federal High Court to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination,” Mr Uwujaren said.
Mr Bello, 48, who left office as governor on 27 January, faces 19 counts of money laundering at the Federal High Court in Abuja.
In the charges, EFCC accused Mr Bello, his nephew, Ali Bello; Dauda Suleiman and Abdulsalam Hudu (said to still be at large) of conspiring to convert N80 billion (N80, 246,470, 088.88) in February 2016.
EFCC, on 17 April, obtained a court warrant from the Federal High Court in Abuja for Mr Bello’s arrest.
That same day, the commission made futile efforts to execute the arrest warrant at his residence in Abuja. EFCC operatives who arrived at Mr Bello’s residence in Wuse Zone 4, Abuja in their number to carry out his arrest were obstructed by police personnel attached to the house.
The situation lasted about seven hours. It ended only after it was suspected that Mr Bello had sneaked away in the official vehicle of the incumbent Kogi State Governor Usman Ododo, who suddenly emerged on the scene mid-way into the stand-off. Mr Ododo was allowed to drive through the barricade mounted by the EFCC operatives into the house. Mr Bello was believed to be inside Mr Ododo’s car with tinted windows that later drove out of the house and drove off.
Mr Bello refused to show up for his scheduled arraignment before the trial judge, Emeka Nwite of the Federal High Court in Abuja on 18 April, the day after EFCC’s failed efforts to arrest him.
His legal team argued during the stalled proceedings that the court lacked the jurisdiction to conduct the trial on the grounds of a subsisting court order restraining EFCC from arresting and detaining the former governor.
Hours after the proceedings, EFCC declared Mr Bello wanted, calling on members of the public with useful information about him to contact its offices.
EFCC insists it did no wrong
EFCC maintained in its statement on Monday that the order obtained by Mr Bello had no bearing on the criminal case filed against the defendant, so it did no wrong trying to arrest him.
“The case before the Federal High Court is a criminal charge which is different from the fundamental rights enforcement action that is the subject of an appeal. EFCC is a creation of law and will not fight corruption outside the law,” Mr Uwujaren said. “What has happened in the instant case is the Commission dutifully following the dictates of the law to attempt to bring to justice a former political office holder who is working assiduously to evade justice. The order of the Federal High Court gives the Commission power to arrest Yahaya Bello.”
Mr Uwujaren also said despite challenges that the commission “daily faces in the execution of its mandate, and the irritation by those paid to distract it, EFCC will not relent in its quest to wrestle corruption to the ground.”
He added, “This moment offers the opportunity to genuine patriots to lend their voices in support of the efforts of the Commission.
“While we are not averse to criticisms, such must be constructive. As things stand, Bello is a fugitive of the law. That is not a badge of honour. It is in his interest, and that of justice, that he turns himself in and answers to the charges preferred against him.”
Don criticises EFCC
Earlier on Sunday, a Professor of International Law at Base University in Abuja, Agbo Madaki, criticised EFCC’s moves to arrest Mr Bello in disregard for a court order.
Mr Madaki, who appeared on Channels Television’s primetime programme, ‘Politics Today’ on Sunday, recalled that the Kogi State High Court issued a protective order on 17 April, forbidding the EFCC from harassing or arresting Mr Bello for a pending charge before the Federal Court.
Mr Madaki emphasised the importance of respecting court orders, noting that even if the EFCC decided to appeal the judgement, the commission lacked the authority to carry out Mr Bello’s arrest until the order is set aside.
“There are no conflicting orders and in any case. The position of the law is very clear that the judgement of the court whether it is useless, or stupid remains valid and enforceable, and it enjoins all persons and citizens and the country to obey the court order,” he said.
He added, “Even if the EFCC has appealed the judgement, it is a recondite position of the law that an appeal does not serve or act as the stay of execution.
‘’All EFCC should have done was to invite him, so that they serve him with a copy of the charge sheet if it is available,” the lawyer said.
Noting that EFCC appeared to be spurred by public opinion to seek to arrest Mr Bello, Mr Madaki urged the agency to strictly adhere to legal procedures instead of engaging in trial by media.
