The Economic and Financial Crimes Commission, EFCC, has threatened to invite the Nigerian Army to effect the arrest of the former governor of Kogi State, Yahaya Adoza Bello for arraignment before a Federal High Court sitting in Abuja.
EFCC’s legal team issued the threat before Justice Emeka Nwite on Thursday after explaining how a person of immunity protected Bello from arrest following the court’s bench warrant.
The court had fixed today for plea alongside the ex-governors nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246, 470, 088.88.
EFCC charges
The anti-graft agency claims the defendants diverted public funds.
Some of the counts read:
- “That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 (Eighty Billion, Two Hundred and Forty-Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended”.
- “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3, 081, 804,654.00 (Three Billion, Eighty-One Million Eight Hundred and Four Thousand Six Hundred and Fifty-Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
- “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders International Limited to transfer the aggregate sum of $570,330.00 (Five Hundred and Seventy Thousand, Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”
Bench warrant
Bello’s arraignment followed a warrant of arrest and enrolment order granted to the EFCC by Justice Emeka Nwite earlier today.
The order was granted by Justice Emeka Nwite in the motion ex-parte marked: FHC/ABJ/CR/98/2024 and filed by the EFCC lead counsel, Rotimi Oyedepo.
The EFCC counsel argued that the ex-governor needs to be apprehended by security agencies so as to fast-track his arraignment in court and immediate trial.
The anti-graft agency maintained that the judge should either order Bello’s arrest or issue a public summons commanding the defendant to appear before the court.
The other reliefs read,
- “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.”
Justice Emeka Nwite said the fact deposed by the EFCC has persuaded him to grant the request.
He subsequently ordered that the former governor be arraigned before him on April 18, in line with the EFCC’s request.
The judge ruled,
- “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.
- “The case is adjourned to the 18th day of April 2024 for arraignment.”
Furthermore, the EFCC urged the public to note that the ex-governor was not above the law.
What transpired in court
At the resumed proceedings on Thursday, EFCC’s counsel, Kemi Piniero SAN said in open court that the Commission was aware that Bello is been harboured in the home of a person that has immunity.
He submitted that immunity is only attached to a person, not his house or car, adding that the law allows Nigerian security agencies to break into a house to arrest a defendant.
He said,
“If he is unwilling to produce his client in court, we will invite other security agencies including the Nigerian army to produce him.
“We can come next week. We will produce him,” Piniero assured.
Piniero also urged the court to compel the ex-governor’s lawyer to accept service of the processes, explaining that it has been impossible to serve the charge sheet on him personally.
The ex-governor’s lawyer, Abdul Wahab Mohammed, said in open court that the Abuja division of the court or the EFCC cannot arraign his client.
He contended that his preliminary objection application has to be taken first, but the EFCC came behind him through a motion-exparte to obtain a warrant of arrest.
He said,
“The governor has a lawyer in court and if there is a justifiable issue for him to come to court, he would.
“Our contention is that the defendant on record is not a fugitive. We are talking of the rule of law, not the rule of force.
“We are contending that the warrant of arrest was given outside jurisdiction because there is a judgment.
“I don’t have the authority of the defendant to accept service of the charges and proof of evidence.”
What the judge said
The judge said he had yet to read the Kogi state high court judgement of yesterday.
But the judge held all parties including the ex-governor have to be formally before the court and the EFCC, without a warrant of arrest, can arrest a suspect or defendant.
He adjourned to April 23 for ruling and arraignment.
What you should know
- The planned arraignment of the Kogi state ex-governor comes amid the ongoing trial of his nephew, Alli Bello, Daudu Suleiman and another for fraud.
- They were accused of diverting public funds to the tune of 80 Billion Naira.
- In that case, Yahaya Bello was mentioned as an accomplice in some of the counts, implying that security agencies will trail the ex-governor for prosecution.
- Earlier in the day, security agencies had surrounded Yahaya Bello’s residence in Abuja.
- Nairametrics reports that a State High Court in Kogi had also restrained the EFCC from arresting or prosecuting Yahaya Bello.
- Both the state high court and the Federal High Court are courts of coordinated jurisdiction and the court’s verdict in Kogi is what Yahaya Bello is holding onto to avoid arrest.
