Politics

Court of Appeal overrides Kogi High Court, permits EFCC to prosecute Yahaya Bello

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Court of Appeal permits EFCC to prosecute the former governor of Kogi State, Yahaya Bello.Court of Appeal reaffirmed the Economic and Financial Crimes Commission's (EFCC) authority to prosecute Yahaya Bello.
  • Former governor of Kogi State, Yahaya Bello, is facing 19 counts of money laundering, filled multiple motions challenging the EFCC and court’s authority
  • Court of Appeal reaffirmed that no court can obstruct a law enforcement agency’s statutory functions
  • The court criticised the trial judge for releasing Bello despite having the charge in hand, deeming the action scandalous

The decision of the Kogi State High Court, which had restricted the EFCC from prosecuting Yahaya Bello on an N80 billion money laundering case, was overturned by the Court of Appeal in Abuja on Tuesday, August 20. 

Bello avoided five court appearances for his arraignment on April 18, April 23, May 10, June 13, and June 27, by hiding and filing several motions disputing the EFCC’s and the court’s power to arraign him.

3-men panel orders Bello to attend his arraignment

The appellate court’s three-judge panel, delivering a unanimous verdict through Justice I. Amadi, condemned the decision of Justice Isah Jamil of the lower court, which had exonerated Yahaya Bello in the face of the EFCC's charges, as scandalous.

Yahaya Bello was ordered by Justices H. Barka, S. Bola, and I. Amadi to follow the Administration of Criminal Justice Act (ACJA) and attend his arraignment.

Chief J. Okutepa, SAN, on behalf of the EFCC, won the appeal against Justice Jamil’s judgment in a fundamental rights case filed by Bello in February 2024, as the court upheld the appeal.

Justice Emeka Nwite is set to preside over Bello’s arraignment on nine counts of money laundering, involving over N80 billion allegedly diverted from the Kogi State treasury. Nonetheless, the EFCC has yet to successfully bring him before the court.

Court criticises trial judge for releasing Bello

Bello appealed against the court’s orders to insist on his arraignment, but the justices found his preliminary objection to the charges unsustainable. The court addressed the two issues raised by the respondent during the proceedings.

The court criticised the trial judge for having the charge in FRN vs. Alh. Bello & Anor, FHC/ABJ/CR/550/2022 in hand but still releasing the respondent, doing so under the guise of enforcing fundamental rights, which was deemed scandalous.

Justice Amadi remarked that it was evident the trial court case was intended “to protect the respondent, Yahaya Bello, from facing his criminal trial.”

The court referenced its previous ruling by Oyewole JCA in EFCC vs. Alh. Yahaya Bello, CA/ABJ/CV/413/2024, to reaffirm that “no court has the authority to prevent a law enforcement agency from carrying out its statutory duties.”

The court agreed with the appellant’s contentions and ultimately decided that the appeal was valid and thus granted.

Court resolves appeal in favour of EFCC

It further held, “In view of the provision of Section 396(2) of ACJA, the respondent in this appeal, Alhaji Yahaya 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.”

Similarly, the court resolved the second appeal in favour of the EFCC, overturning the lower court's order that barred the appellant from making any applications until he showed up for arraignment.

On examining the preliminary objection, the court concluded that grounds 5 and 6 of the notice of appeal addressed legal matters, eliminating the need for leave. Therefore, the preliminary objection was overruled.

Addressing the main appeal, the court stated that per section 396(2) of the ACJA, no objections to the charge’s validity will be entertained before the defendant’s arraignment. As a result, the appeal was dismissed.

Money laundering will continue to weaken Nigeria, Interpol warns

Meanwhile, TheRadar earlier reported that the International Criminal Police Organisation (Interpol) had disclosed that Nigeria loses thousands of dollars to laundering every hour.

Interpol's vice president for Africa noted that Interpol had introduced silver notices to tackle the issue, warning that tough times await those engaged in money laundering.

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Halima AdeosunAdmin

Halima Adeosun is a news writer with over 5 years of experience reporting insightful events, and human interest stories.

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