Legal expert questions EFCC’s handling of Bello case: raises key legal issues

The Professor of International Law, Agbo Madaki, from Base University in Abuja, has expressed concerns regarding the actions of the Economic and Financial Crimes Commission (EFCC) in the case involving Yahaya Bello.

During an appearance on Channels Television’s “Politics Today” on Sunday, Mr Madaki questioned the EFCC’s authority to arrest Bello, citing a recent court order that granted protection to the former Kogi State Governor.

He explained that the Kogi State High Court issued a protective order on 17th April, which specifically forbids the EFCC from harassing or prosecuting Mr Bello for a pending charge before the Federal Court.

Mr Madaki emphasized the importance of respecting court orders, noting that even if the EFCC decides to appeal the judgement, it does not suspend its immediate enforcement.

Madaki stressed, ‘’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.’’

‘’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. I think the challenge EFCC has faced over the years is conducting their prayers or trial in the court of public opinion, which I think is a complete violation of the constitution of the Federal Republic of Nigeria.”

He criticised the EFCC’s reliance on public opinion, urging the agency to strictly adhere to legal procedures instead of engaging in trial by media.

He referred to a statement by the Chief Justice of Nigeria, Olukayode Ariwoola, who emphasised the importance of law being guided by objective criteria rather than emotions.

In addition, Mr Madaki suggested that the EFCC’s actions seem to be aimed at gaining public support, especially considering that security agencies continue to protect Bello.

Alleged N80.2 billion laundered

In a separate development, the EFCC declared Mr Bello wanted for alleged financial misconduct amounting to N80.2 billion. 

The anti-corruption agency issued a public call for anyone with information on Bello’s whereabouts to come forward and assist with the investigation. 

The anti-graft agency shared this information on its social media because the police attached to Mr Bello and Governor Usman Ododo of Kogi State made it difficult for Mr Bello to be arrested.

There were reports that Mr Ododo aided Mr Bello’s escape in his official vehicle, which made officials of the EFCC retreat. 

EFCC files charges against Yahaya Bello

However, the EFCC brought forth charges against Mr Bello, before Justice Emeka Nwite last week. The case revolves around 19 counts, with the involvement of the same alleged accomplices as in a previous case.

These alleged offences are connected to transactions exceeding N80 billion, which are currently pending court adjudication.

However, the EFCC has altered the timeline of the purported offences, setting them in February 2016, Mr Bello’s inaugural month as governor, as opposed to September 2015 as previously stated in the initial charge. 

In the new case, the EFCC accuses Mr Bello, alongside his nephew Ali Bello, Dauda Suleiman, and Abdulsalam Hudu (who is reportedly still at large), of conspiring to convert the sum of N80 billion in February 2016.

Mr Bello’s Non-appearance

Despite the charges, Mr Bello declined to appear before the federal high judge to address the allegations levelled against him.

Legal Disputes

Referring to section 12 of the Administration of Criminal Justice Act (ACJA) 2015, Kemi Pinheiro asserted the EFCC’s determination to produce Mr Bello in court, even if it requires involving the military. 

In response, Mr Bello’s lawyer, Abdulwahab Muhammed, argued that his client had not violated any court order.

He cited a High Court order in Lokoja restraining the EFCC from arresting and detaining Mr Bello. 

Additionally, the defence highlighted an ongoing appeal at the Court of Appeal in Abuja regarding the case.

AGF Condemns Yahaya Bello’s Resistance

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has issued a stern condemnation of Yahaya Bello’s defiance towards legal proceedings.

Expressing deep concern over the standoff between the EFCC and the police, Mr Fagbemi highlighted the EFCC’s statutory authority to summon individuals for investigation.

In his statement, Mr Fagbemi emphasised the importance of cooperating with the EFCC’s enquiries and urged individuals not to obstruct their efforts. 

He criticised the actions of public officials who resist legal processes, describing such behaviour as “insufferably disquieting” and detrimental to the EFCC’s commendable efforts to uphold the law.

Mr Fagbemi urged all individuals who receive invitations from the EFCC or any other agency to respond with decency and civility, rather than resorting to self-help or evasion. 

He warned that such actions could tarnish the country’s reputation on the international stage.

HEDA Resource Centre Slams Yahaya Bello for Dodging Arrest

The Human and Environmental Development Agenda (HEDA Resource Centre) has strongly criticised former Kogi State Governor Yahaya Bello for avoiding arrest amidst corruption allegations.

HEDA also condemned Mr Ododo, for allegedly helping Bello dodge arrest. They believe Ododo’s actions are unlawful, as a governor’s immunity doesn’t extend to others.

HEDA’s Chairman, Olanrewaju Suraju, in a statement on Saturday, expressed deep concern over Bello’s actions, calling them a dangerous precedent that undermines the law. 

The group stressed that everyone, regardless of their status, should face justice if accused of wrongdoing.
They praised Mr Fagbemi, for urging Bello to surrender to the EFCC. 

HEDA also commended the EFCC for staying professional despite reported disruptions.

HEDA urged the judiciary to carefully consider any orders that could protect politicians from evading justice. They called for fair legal processes and swift action to uphold accountability and the rule of law.

“EFCC must keep holding public officials accountable, no matter who they are,” Suraju emphasised.