Tag: Yahaya Bello

• EFCC didn’t breach Kogi High Court Order, says Falana

The Police authorities yesterday moved to strip embattled former Governor of Kogi State, Yahaya Bello, of state protection with the immediate withdrawal of all police officers attached to him.

Bello, who has been evading arrest by the Economic and Financial Crimes Commission (EFCC) over alleged N80 billion fraud, was declared wanted on Thursday by the anti-graft agency.

Lagos lawyer, Femi Falana (SAN) yesterday dismissed claim by the former governor that he (Bello) could not be arrested on the basis of an order of the Kogi State High Court.

Falana said the EFCC had diligently complied with the order of the High Court by filing charges of money laundering of over N80bn against Bello.

Police Inspector General Kayode Egbetokun ordered the withdrawal of all police officers attached to the former governor via a wireless message sighted by our correspondent.

The document with reference number: “CB:4001/DOPS/PMF/FHQ/ABJ/VOL.48/ 34 says: “IG has ordered the withdrawal of all policemen attached to His Excellency and former Executive Governor of Kogi State, Alhaji Yahaya Bello.

“Acknowledge compliance and treat with utmost importance. Please, above for your information and strict compliance.”

The Nigeria Immigration Service (NIS) had earlier on Thursday also placed Bello on its watch list after he evaded arrest by the EFCC.

The NIS said it was “suffice to mention that Bello is facing trial in the Federal High Court Abuja” on money laundering and other sundry charges.

The memo, circulated to the Directors-General of the Department of State Service (DSS), Nigeria Intelligence Agency (NIA) and the Inspector-General of Police, urged the security agencies “to arrest Bello at any point of entry or exit into the country”.

Attorney General of the Federation Lateef Fagbemi urged Bello to turn himself in.

His whereabouts remained unknown last night.

The EFCC has threatened to seek the assistance of the military in apprehending the former governor if he continues to run from the law.

Falana: EFCC breached no court order

Responding yesterday to claim by Bello that the EFCC disobeyed the orders of the Kogi State High Court by seeking to arrest and arraign him before the Federal High Court sitting in Abuja, Falana said the claim has no basis whatsoever.

He said in a statement that the anti- graft agency had diligently complied with the order of the Kogi State High Court by filing charges of money laundering of over N80bn against Bello.

He described the order made by the Federal High Court for the arrest of Bello for his arraignment as equally in line with the order of the Kogi State High Court.

His words:”In Yahaya Bello v EFC with suit No HCL/68M/2024 filed at the Kogi State High Court, the applicant sought the following reliefs:

“A declaration that the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution of the applicant without any formal invitation, upon the instigation of the applicant’s political adversaries in Nigeria upon the false and politically motivated allegation of corruption is a misuse of executive powers, misfeasance in public office, abuse of power and an unjustifiable interference with the Fundamental Rights of the applicant (right to liberty, freedom of movement and fair hearing) guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

 “Even though the learned trial judge, the Honourable Justice Isa  Abdullahi upheld the fundamental right of the applicant to personal liberty and freedom of movement subject to the power of the Federal High Court to make any order deemed fit in the criminal case pending against him in the Federal Capital Territory.

“For the avoidance of doubt, the Kogi State High Court order enforcing the fundamental rights of the applicant to liberty and freedom of movement and fair hearing by restraining the respondent by themselves, agents, servants or privies from continuing to harass, threaten or detain or in any manner whatsoever arresting, detaining or persecuting the applicant, on the basis of the criminal charges now pending before the Federal High Court, Abuja to wit: Charge No: FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor.

“Without prejudice to the power of the said 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.

“An order is hereby granted directing the respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the applicant is reasonably believed by the respondent to have committed any offence subject of its jurisdiction, provided that the Respondent shall not invite, arrest or detain the applicant on account of a reasonable belief that the applicant has committed any financial crime, without first obtaining the leave of a superior court of record, especially haven regard to the antecedents of the respondent in the manner it has managed its engagements with the applicant.”

Falana submitted that from the foregoing, it is indubitably clear that the Kogi State High Court granted an order to enforce the fundamental rights of Mr Yahaya Bello to personal liberty and freedom of movement.

“The Kogi State High Court specifically directed the EFCC to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the applicant is reasonably believed by the respondent to have committed any offence.

“Therefore, by filing charges of money laundering of over N80 billion against Mr Yahaya Bello at a Federal High Court, the EFCC has diligently complied with the order of the Kogi State High Court.

“In the same vein, the order made by a Federal High Court for the arrest of Mr Yahaya Bello for the purpose of his arraignment is equally in line with the order of the Kogi State High Court,” he said.

Bello’s lawyer, Abdulwahab Muhammed (SAN), said on Thursday that there was a subsisting order of a High Court of Kogi State barring the EFCC from arresting and prosecuting him.

Mohammed added that the restraining order in the fundamental rights enforcement suit HCL/68M/24 filed by Bello had already been appealed by Jibrin Okutepa (SAN), one of the lawyers who represented the EFCC in the case.

He said the appeal was pending, adding that rather than await its outcome, the EFCC rushed before the Federal High Court to file the 16-count charge and obtain an order for Bello’s arrest.

Mohammed said his client filed a preliminary objection challenging the court’s jurisdiction to look at the charge and to also issue the arrest warrant it did on Wednesday.

He added: “This court should ask them (lawyers to the EFCC) whether there is an order restraining them, whether they have not appealed and whether they are not trying to place this court on a collision course with the Court of Appeal.

“What happened in Wuse Zone 4 in Abuja yesterday (Wednesday) when they laid siege to the house of the defendant was uncalled for. A major bloodbath was averted.

“He (Bello) presented them (EFCC’s officials) with an order. They quickly ran to this court to obtain an order for a warrant of arrest.

“We are saying this court has no jurisdiction. The only business of this court today (yesterday) is to determine whether or not this court has jurisdiction to issue the order of warrant it made.”

• Immigration puts ex-governor on watch-list at borders

• ’I reject charges against me’

On a day the Economic and Financial Crimes Commission (EFCC) declared the immediate-past Kogi State Governor Yahaya Bello wanted, Attorney-General of the Federation Lateef Fagbemi (SAN) urged him to turn himself in.

The Nigerian Immigration Service (NIS) also yesterday puts the ex-governor on the watch list, requesting his arrest by security operatives at the border posts.

The anti-graft agency threatened to break into Bello’s hideout to execute an arrest warrant on him.

It said it could do so with the help of the military.

In a memo signed by an Assistant Comptroller of Immigration, D S Umar on behalf of the Comptroller-General, the NIS  said it was “suffice to mention that Bello is facing trial in the Federal High Court Abuja” on money laundering and other sundry charges.

The memo, circulated to the Directors-General of the Department of State Service (DSS); Nigeria Intelligence Agency (NIA) and the Inspector-General of Police, urged the security agencies “to arrest Bello at any point of entry or exit into the country”.

Bello has challenged the jurisdiction of the Federal High Court in Abuja to adjudicate on the charge filed against him.

His lawyers refused to accept the charge, arguing there was a pending order barring the commission from arresting the former governor.

They also argued that there was no legal basis yet to serve the charge on Bello by substituted means.

To prevent drastic measures from being adopted in getting Bello, Fagbemi warned against obstructing the course of justice.

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The AGF described Wednesday’s spectacle at Bello’s Abuja home as a “bizarre drama”.

EFCC’s declaration of Bello wanted was in the aftermath of about 12 hours standoff in his 9, Benghazi Street, Wuse Zone 4, Abuja residence.

Bello’s successor, Governor Usman Ododo, was accused of relocating him, but the former governor’s whereabouts remain unknown.

A statement by the commission said: “A former Kogi State Governor, Yahaya Bello, is wanted by the EFCC for offences relating to economic and financial crimes to the tune of N80.2billion.

“Anybody with information as to his whereabouts should report immediately to the Commission or the nearest police station.”

A top source in the EFCC said: “We are already on the trail of the ex-governor. That is why we declared him wanted.

“Do not forget that we obtained an order from a Federal High Court in Abuja on Wednesday to arrest the ex-governor.

“There is no hiding place. Let him appear for arraignment on the allegations against him. He is presumed innocent until the court makes a pronouncement on whether he is guilty or not.”

The EFCC has withdrawn its operatives from Bello’s residence.

The commission’s source said: “We have directed our operatives to leave Bello’s residence since we could not locate him.

“And as a law-abiding agency, we don’t want to break into his residence.”

Turn yourself in, AGF tells Bello

The AGF, in a statement yesterday, faulted Bello’s refusal to honour EFCC’s invitation.

The statement reads: “The bizarre drama confronting the EFCC in the course of its efforts to perform its statutory duty has come to my notice as a matter of very grave concern.

“It is now beyond doubt that the EFCC is given power by the law to invite any person of interest to interact with them in the course of their investigation into any matter regardless of status.

“Therefore, the least that we can all do when invited is not to put any obstruction in the way of EFCC but to honourably answer their invitation. 

“A situation where public officials who are themselves subject of protection by law enforcement agents will set up a stratagem of obstruction to the civil and commendable efforts of the EFCC to perform its duty is, to say the least, insufferably disquieting. 

“A flight from the law does not resolve issues at stake but only exacerbates it. 

“I state unequivocally that I stand for the rule of law and will promptly call EFCC and indeed any other agency to order when there is an indication of any transgression of the fundamental rights of any Nigerian by any of the agencies.

“I also tenaciously hold the view that institutions of state should be allowed to function effectively and efficiently. 

“Nigeria has a vibrant judicial system that is capable of protecting everyone who follows the rule of law in seeking protection.

“I, therefore, encourage anyone who has been invited by the EFCC or any other agency to immediately toe the path of decency and civility by honouring such invitation instead of embarking on a temporising self-help and escapism that can only put our country in bad light before the rest of the world.”

 EFCC threatens to invite military

Also yesterday, the anti-graft agency threatened to involve the military in executing the order issued on Wednesday by Justice Emeka Nwite for Bello’s arrest.

EFCC’s lawyer, Kemi Pinheiro (SAN), accused Ododo of frustrating his client’s effort to execute the order.

Pinheiro said: “What happened yesterday (Wednesday) was that a person with immunity (Ododo) came to whisk him (Bello) away to abort his arrest.

“We know that he is being kept in his successor’s house. Immunity is not attached to a building but to a person.

“We can invite the military to enter the building where he is being kept to execute the order of this court.”

Pinheiro noted that the law allows the EFCC to break into a building to effect the arrest, adding that “what is edifying for him (Bello) is to come to court and not to continue to play game”.

He urged the court to give the prosecution till next week to produce the defendant, adding: “We know what to do. He cannot stand in the way of the Constitution.

“A former president of the United States was indicted, he is attending court. He did not play pranks by filing frivolous cases.

“If he believes he is innocent, he should come before the court and defend it here.”

Pinheiro earlier told the court that the matter was slated for Bello’s arraignment.

He said since the defendant was represented by a team of lawyers, they should be served with the charge filed against their client, who could not be served the previous day.

Asked why Bello was absent, his lawyer, Abdulwahab Muhammed (SAN), said the ex-governor was not in court because there was a subsisting order of a High Court of Kogi State barring the EFCC from arresting and prosecuting him over the current case.

Mohammed added that the restraining order in the fundamental rights enforcement suit, HCL/68M/24 filed by Bello had since been appealed by Jibrin Okutepa (SAN), one of the lawyers who represented the EFCC in the case.

He said the appeal was pending, adding that rather than await its outcome, the EFCC rushed before the Federal High Court to file the 16-count charge and obtain an order for Bello’s arrest.

Mohammed said his client filed a preliminary objection challenging the court’s jurisdiction to look at the charge and to also issue the arrest warrant it did on Wednesday.

He added: “This court should ask them (lawyers to the EFCC) whether there is an order restraining them, whether they have not appealed and whether they are not trying to place this court on a collision course with the Court of Appeal.

“What happened in Wuse Zone 4 in Abuja yesterday (Wednesday) when they laid siege to the house of the defendant was uncalled for. A major blood bath was averted.

“He (Bello) presented them (EFCC’s officials) with an order. They quickly ran to this court to obtain an order for a warrant of arrest.

“We are saying this court has no jurisdiction. The only business of this court today (yesterday) is to determine whether or not this court has jurisdiction to issue the order of warrant it made.”

Pinheiro faulted Mohammed’s claim that the substantive suit was decided in Bello’s favour.

He read part of the judgment, where the Kogi court ordered that the EFCC must first obtain the leave of a superior court before arresting or prosecuting Bello.

Pinheiro added that since the substantive suit had been decided, the ex-parte order being referred to by Mohammed was no longer alive.

He said the EFCC fully complied with the order of the Kogi court because it has filed a charge and has also obtained an order for his arrest.

Pinheiro then applied that since the attempt to serve the defendant and bring him to court in line with the order was frustrated on Wednesday, the lawyer representing him should be served or accept service on his behalf.

He cited Section 382(5) of the Administration of Criminal Justice Act (ACJA) and sought the leave of court to deliver the charge and supporting documents to the defence lawyer, who has announced his appearance for the defendant.

He added: “It becomes unnecessary to serve the defendant personally, since the objective of service is to bring to the knowledge of the defendant the subsistence of the charge, the defendant having fully briefed a counsel to represent him and the counsel has also filed processes on behalf of the defendant.

“The issue of impracticability or impossibility does not arise.

“More particularly, having formally filed processes on behalf of the defendant, the necessity for the complainant to file a formal application for leave is dispensed with, because in furtherance of the decisions of the Supreme Court, this court can make use of materials in its file to make any findings or decision it deems fit.”

Pinheiro noted that there was already an application filed on behalf of the defendant by his lawyer, who is present in court and announced an unconditional appearance for the defendant.

But Mohammed faulted the prosecution’s suggestion that the charge be served on the defendant’s lawyers.

He argued that the EFCC must first attempt personal service before resorting to a substituted option.

He added that the prosecution also needed to file a formal application for leave to effect service on the defendant through substituted means.

The defence lawyer said he did not appear unconditionally by virtue of the notice of preliminary objection he filed on April 12

Mohammed said sub-section 4 of Section 382 of the ACJA provides that there should be evidence that an unsuccessful attempt was made at personal service before leave could be obtained for substituted service.

“There is no such evidence before the court. We urge this court to refuse the prayer, cognisance of the fact that it is a criminal trial.

“We don’t have the authority of the defendant to accept service of the charge,” Mohammed said.

Justice Nwite adjourned till Tuesday to rule on whether or not the prosecution could serve the charge on Bello through his lawyer.

The Economic and Financial Crimes Commission (EFCC) has threatened to involve the military in executing the order issued on Wednesday by Justice Emeka Nwite for the arrest of the immediate past Kogi Governor Yahaya Bello.

EFCC’s lawyer, Kemi Pinheiro (SAN), issued the threat on Thursday while accusing Bello’s successor, Usman Ododo of frustrating his client’s effort to execute the order on Wednesday.

Pinheiro said: “What happened yesterday was that a person with immunity (Ododo) came to whisk him (Bello)  away to abort his arrest. 

“We know that he is being kept in his successor’s house. Immunity is not attached to a building but to a person. 

“We can invite the military to enter the building where he is being kept to execute the order of this court,” he said.

Pinheiro noted the law allows the EFCC to break into a building to effect arrest, adding that “what is edifying for him (Bello) is to come to court and not to continue to play game.

”He ought the court to give the prosecution up till next week to produce the defendant, adding: “We know what to do. He cannot stand in the way of the Constitution.

“A former president of the United States was indicted, he is attending court. He did not play pranks by filing frivolous cases.

“If he believes he is innocent, he should come before the court and defend it here,” Pinheiro said.

Earlier at the mention of the case, Pinheiro told the case that the matter was slated for the arraignment of the defendant (Bello). 

He said since the defendant was not in court but represented by a team of lawyers, they should be served with the charge filed against their client, who escaped being served and arrested the previous day.

Pinheiro urged the court to find out from the lawyer who announced an appearance for the defendant.

On being asked why Bello was absent, his lawyer, Abdulwahab Muhammed (SAN) said the ex-Governor was not in court because there is a subsisting order of a High Court of Koki State barring the EFCC from arresting and prosecuting him in respect of the current case.

Mohammed added that the restraining order the fundamental rights enforcement suit, HCL/68M/24 filed by Bello had since been appealed by Jbrin Okutepa (SAN) one of the lawyers who represented the EFCC in the case.

He said the appeal was pending at the Court of Appeal, adding that rather than await the outcome of the appeal, the EFCC rushed before the Federal High Court to file the 16-count charge and obtain an order for Bello’s arrest.

Mohammed said his client filed a preliminary objection, challenging the jurisdiction of the Federal High Court to look at the charge and to also issue the arrest warrant it issued on Wednesday.

He added: “This court should ask them (lawyers to the EFCC) whether there is an order restraining them, whether they have not appealed and whether they are not trying to place this court on a collision course with the Court of Appeal.

“What happened in Wuse Zone 4 in Abuja yesterday when they laid siege on the house of the defendant was uncalled for. A major blood bath was averted. 

“He (Bello) presented them (EFCC’s officials) with an order, they quickly ran to this court to obtain an order for a warrant of arrest.

“We are saying this court has no jurisdiction. The only business of this court today is to determine whether or not this court has jurisdiction to issue the order of warrant it made.”

Mohammed told the court that the substantive suit was decided on Wednesday in favour of his client, adding that the court held that Bello cannot be arrested or detained.

Responding, Pinheiro faulted Mohammed’s claim that the substantive suit was decided in Bello’s favour.

He read part of the judgment, where he noted that the Kogi court ordered that the EFCC must first obtain the leave of a superior court before arresting of prosecuting Bello.

Pinheiro added that since the substantive suit had been decided, the ex-parte order being referred to by Mohammed was no longer alive.

He said the EFCC has fully complied with the order of the Kogi court because it has filed a charge and has also obtain an order for his arrest.

Pinheiro then applied that since ‘attempt to serve the defendant and bring him to court in line with the court’s order was frustrated yesterday by person of immunity, we now apply that a lawyer representing him should be served or accept service on his behalf.

He cited  Section 382(5) of the Administration of Criminal Justice Act (ACJA) and sought the leave of court to deliver the charge and supporting documents to the defence lawyer, who has unconditionally announced his appearance for the defendant.

He added: “Therefore, it becomes unnecessary to serve the defendant personally, since the objective of service is to bring to the knowledge of the defendant the subsistence of the charge, the defendant having fully briefed a counsel to represent him and the counsel has also filed processes on behalf of the defendant. 

“The issue of impracticability or impossibility does not arise. More particularly,  having formally filed processes on behalf of the defendant, the necessity for the complainant to file a formal application for leave is dispensed with, because in furtherance of the decisions of the Supreme Court, this court can make use of materials in its file to make any findings or decision it deems fit.”

Pinheiro noted that there was already an application filed on behalf of the defendant by his lawyer, who is physically present in court and announced an unconditional appearance for the defendant.

He added: “It therefore becomes unnecessary to bring a formal application to present the same materials to the counsel already before the court. Criminal proceedings before this court are summary trial.”

He faulted the prosecution’s suggestion that the charge be served on defendant’s lawyers, arguing that the procedure was that the prosecution must first attempt personal service before resorting to substituted service.

He added that the prosecution also needs to file a formal application for leave to effect service on the defendant through substituted means.

The defence lawyer said he did not appear unconditionally by virtue of the notice of preliminary objection he filed on April 12

He noted that the EFCC filed an application on April 17 in which it also prayed the court for order of substituted service, which the court refused to grant on Wednesday, but only issued arrest warrant.

Mohammed submitted that the only option to the EFCC was for it to file an appeal and not to make similar application again.

Read Also: Yahaya Bello: AGF Fagbemi warns against further obstruction of EFCC

He added: “To repeat the same application orally is an abuse of the court’s process. In the unlikely event that the court wants to take cognisance of this oral application for substituted service, it is our submission  that Section 382(5) of ACJA is subject to sub-section 4.”

Mohammed said sub-section 4 of Section 382 of the ACJA  provides that there should be evidence that attempt was made at personal service, which failed before leave could be obtained for substituted service.

“There is no such evidence before the court. We urge this court to refuse the prayer, cognisance of the fact that it is a criminal trial.

“We don’t have the authority of the defendant to accept service of the charge,” Mohammed said.

Justice Emeka Nwite adjourned till April 23 for ruling on whether or not the prosecution could serve the charge on Bello through his lawyer.

The Economic and Financial Crimes Commission (EFCC) has declared former governor of Kogi state, Yahaya Bello, wanted over alleged N80 billion offences relating to economic and financial crimes.

This was contained in a notice posted on the commission’s official Facebook page on Thursday, April 18.

The notice read: “Former Kogi State Governor, Yahaya Bello, is wanted by the EFCC for offences relating to economic and financial crimes to the tune of N80.2bn.

Read Also: Yahaya Bello: AGF Fagbemi warns against further obstruction of EFCC

“Anybody with information as to his whereabouts should report immediately to the commission or the nearest police station.”

Details shortly…

Gunshots rented the air on Wednesday, April 17, as Governor Ahmed Ododo of Kogi State left the residence of his predecessor, Yahaya Bello.

Officials of the Economic and Financial Crimes Commission (EFCC) had stormed Bello’s residence to arrest him.

After hours of being unable to secure their mission, the security operatives had reinforced with backup support from the police and Department of State Services (DSS).

The Nation reported that Economic and Financial Crimes Commission (EFCC) operatives stormed Bello’s residence in Abuja to arrest him.

Read Also: Yahaya Bello media office raises alarm as EFCC lays siege to ex- gov’s residence

It was leant that the security operatives were planning to forcefully arrest him before the arrival of Kogi Governor Ododo at the Abuja residence.

But as he drove away, rumours began to circulate that Bello was in his car, prompting security personnel who had been waiting for hours to open fire.

At the time of reporting, the reason for the EFCC siege still remains unknown.