The Court of Appeal in Abuja has ordered Kogi State former governor, Yahaya Bello, to present himself for trial.
The appellate court in a unanimous judgment delivered on Tuesday, August 20, by Ken Amadi, the appeal filed by the Economic and Financial Crimes Commission (EFCC) against the judgment of Isah Abdullahi Jamil, a judge of the Kogi State High Court in a fundamental right case filed by Bello in February 2024.
The court declared that the appeal by Jibrin Okutepa, a senior advocate, on behalf of the EFCC was valid and described as scandalous the lower court’s judgment.
In reaching its verdict, the appellate court adopted the two issues raised by the respondent.
The court held that the trial judge had the charge in FRN VS. ALI BELLO & ANOR, FHC/ABJ/CR/550/2022 at his disposal, but still set Bello free, under the cover of enforcing his fundamental rights.
The court also relied on the earlier decision of Olubunmi Oyewole JCA in EFCC vs. Yahaya Bello, CA/ABJ/CV/413/2024 to reiterate that “No court has the power to stop a law enforcement agent from performing its statutory functions.”
On the whole, the court agreed with the EFCC’s submission and held that the appeal was meritorious and was therefore allowed.
The court further held, that: “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.”
In February, the former governor approached the Kogi State High Court to stop his arrest.
In April, the judge, Jamil had specifically issued an order prohibiting the EFCC from detaining or attempting to arrest the former governor.
The judge issued the order in a two-hour ruling handed out in suit no. HCL/68/M/2020 in Lokoja, the Kogi State capital,
The EFCC is prosecuting Bello and others on an amended 17-count charge of money laundering, breach of trust and misappropriation of N84 billion.
After failing to appear in court, the EFCC declared Bello wanted.
The ICIR reported that EFCC operatives stormed Bello’s Abuja home on Wednesday, April 17, to arrest him.
However, the arrest was unsuccessful, as multiple reports say the Kogi State governor, Ahmed Usman Ododo, smuggled out the former governor.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance