Yahaya Bello loses bid to stop EFCC prosecution

Yahaya Bello is facing prosecution by the EFCC alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering.

By Deborah Hassan

365Daily – The Court of Appeal sitting in Abuja has ordered the immediate past governor of Kogi Kogi State governor, Yahaya Bello, to present himself for arraignment before Justice Emeka Nwite of the Federal High Court in Maitama for arraignment.

The ruling was part of a unanimous judgment of the Appeal Court Justices, delivered by Hon Justice I.K. Amadi in the appeal filed by J.S. Okutepa (SAN) on behalf of the Economic and Financial Crimes Commission (EFCC), the head of the anti-graft agency’s Media and Publicity, Dele Oyewale, said in a press statement issued on Tuesday, August 20, 2024.

He plained that the ruling was against the judgment of Justice Isah Abdullahi Jamil of the Kogi State High Court in the fundamental right case filed by Bello in February 2024 in relation to his prosecution by the Commission.

The Appeal Court Justices further held that the freeing of Yahaya Bello from EFCC’s prosecution by Justice Jamil of the Kogi State High Court “under the guise of enforcing his fundamental rights was “scandalous,” noting that “It is very clear that the purpose of the case instituted at the trial court was to shield the respondent Yahaya Bello from his criminal trial.”

Oyewale added that relying on the earlier ruling of the Appeal Court by Justice Oyewole in EFCC vs Yahaya Bello, CA/ABJ/CV/413/2024, the Justices reiterated that “no Court has the power to preclude a law enforcement agent from performing its statutory functions.”

He added that while upholding EFCC’s application for the quashing of Justice Jamil’s fundamental rights shield on Yahaya Bello, the Justices agreed with the appeal of the Commission, stating that it is “meritorious and is therefore allowed.”

Going further, the EFCC spokesman stated that the Justices drew authority from the provision of Section 396(2) of ACJA, and ordered Yahaya Bello to show up in court for his arraignment before any further action can be taken regarding his trial.

The statement added that the court ruled that, “In view of the provision of Section 396(2) of ACJA, the Respondent in this appeal; ALH. 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.”

Yahaya Bello is facing prosecution by the EFCC alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80,246,470,089.88k ( Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, Eighty-nine Naira and Eighty- eight kobo). He has consistently refused to take a plea before the court in spite of several attempts made by the EFCC to this effect.

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