… EFCC warns members of the public As Ododo Whisks Him Away
… No court of law can prevent the police, anti-graft agencies, and other prosecutorial bodies from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence– Falana
The former governor of Kogi State, Yahaya Bello, (alias White Lion) is to be arraigned today by the Economic and Financial Crimes Commission (EFCC)at a Federal High Court in Abuja.
The anti-graft agency insisted on Wednesday that the former governor will be arraigned today despite confirming that he was whisked away by his predecessor Usman Ododo.
The EFCC has also warned members of the public that it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.
The anti-graft agency issued the warning and also confirmed the arraignment of the governor in a separate statement signed by its Head of Media and Publicity, Dele Oyewale, on Wednesday.
According to him, the EFCC spent most of the day attempting to arrest the former governor whom the Commission later confirmed was whisked away by his predecessor.
The Commission’s spokesperson said that Section 38(2)(a)(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties.
According to him, culprits risk a jail term of not less than five years.
This warning, Oyewale said becomes necessary against the background of the increasing tendency by persons and groups under investigation by the Commission to take the laws into their hands by recruiting thugs to obstruct lawful operations of the EFCC.
“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order.
“Regrettably, such disposition is being construed as a sign of weakness.
“The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions,” the statement added.
The EFCC has insisted that it will arraign Bello before a Federal High Court sitting in Abuja on Thursday (tomorrow).
The Commission’s spokesperson said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune 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).
Bello’s arraignment is coming on the heels of a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024.
“Count one of the charges reads: 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”.
“Count 17 of the charges read: “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 aggreagate sum of N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thouand Six Hundred and Fifty Four Naira) in account numbder 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.
“Count 18 of the charges reads: “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”.
The Commission said its attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024.
“The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle. As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024.
“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”
Meanwhile, a Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has faulted a court ruling asking the Economic and Financial Crimes Commission (EFCC) from arresting and prosecuting any individual.
Mr Falana was reacting to a ruling by a state high court in Kogi State, asking the EFCC not to arrest the former governor of Kogi State, Mr Yahaya Bello.
In a statement on Wednesday, the Senior Advocate said, “By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.
“The allegation made by Ex-Governor Yahaya Bello that the Economic and Financial Crimes Commission has disobeyed a court order by attempting to arrest him to answer the charge of N84 billion theft is legally untenable. As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria.
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him. In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.
“In dismissing the appeal, the Supreme Court said that the “gagging order” should not be allowed to stand and that “The suit of the Appellant at Abia State High Court and the general and ambiguous order made therein were clearly intended to ‘muzzle’ or prevent the 1st Respondent from discharging its statutory function.”
“Similarly, in Uwazuruike v AGF (2013) 10 NWLR (Pt. 1361) 105, (2013) LPELR-20392 (SC) the Supreme Court ruled that “The Orders of an Owerri Federal High Court made on the 18th of January 2005 restraining the named respondents from arresting Ralph Uwazuruike relates to the proceeding before the Owerri Federal High Court which were ongoing at the time the Orders were made ex-prate. The orders are in no way related, nor do they affect or stop a subsequent arraignment of Ralph Uwazuruike for treason etc”.
“In view of the foregoing, the police officers who prevented the Economic and Financial Crimes Commission from arresting the suspect have committed a grave criminal offence. The Inspector-General of Police, Dr. Kayode Egbetokun should withdraw the said police officers from the private residence of Mr. Bello without any delay and have them charged for obstruction of justice.”
