The Abuja Court of Appeal has directed Yahaya Bello, the former Governor of Kogi State, to present himself for arraignment by the Economic and Financial Crimes Commission (EFCC).
The court overturned a previous ruling by the Kogi State High Court that had blocked the EFCC from prosecuting Bello on allegations of N80 billion money laundering.
In a unanimous decision on Tuesday, a three-member panel led by Ken Amadi also barred Bello from taking any further action regarding the charges until he has been formally arraigned.
The EFCC had appealed the judgment of Isah Abdullahi Jamil, a Kogi State High Court judge, in a fundamental rights case filed by Bello in February.
On February 9, the Kogi high court granted an interim injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute” Bello, his former appointees, and staff or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights.
Since then, efforts to arrest and arraign the former governor, who is currently in hiding, have not been successful.
The appeal court described the judgment by the Kogi high court as “scandalous”.
Amadi held that it was very clear that the purpose of the case instituted at the trial court was “to shield the respondent, Yahaya Bello, from his criminal trial”.
The court also relied on the earlier decision of Olubunmi Oyewole JCA in EFCC vs. Alh. Yahaya Bello, CA/ABJ/CV/413/2024 to reiterate that “no court has the power to preclude a law enforcement agent from performing its statutory functions.”
On the whole, the court agreed with the submissions of the EFCC and held that the appeal is meritorious and is therefore allowed.
“In view of the provision of Section 396(2) of the Administration of Criminal Justice Act, ACJA, the respondent in this appeal, Alhaji Yahaya Adoza 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,” the court ruled.
