The Court of Appeal, sitting in Abuja on Tuesday, August 20, 2024 ordered a former Kogi State governor, Yahaya Adoza Bello to present himself before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, for arraignment before any further action could be undertaken in his case.
The ruling was part of a unanimous judgment of the Appeal Court Justices, delivered by Hon Justice I.K. Amadi in the appeal filed by J.S.Okutepa, SAN on behalf of the Economic and Financial Crimes Commission, EFCC, against the judgment of Justice Isah Abdullahi Jamil of the Kogi State High Court in the fundamental right case filed by Bello in February 2024 in relation to his prosecution by the Commission.
The Appeal Court Justices further held that the freeing of Yahaya Bello from EFCC’s prosecution by Justice Jamil of the Kogi State High Court “under the guise of enforcing his fundamental rights was “scandalous,” noting that “It is very clear that the purpose of the case instituted at the trial court was to shield the respondent Yahaya Bello from his criminal trial.”
Relying on the earlier ruling of the Appeal Court by Justice Oyewole in EFCC vs Yahaya Bello, CA/ABJ/CV/413/2024, the Justices reiterated that “no Court has the power to preclude a law enforcement agent from performing its statutory functions.”
In upholding EFCC’s application for the quashing of Justice Jamil’s fundamental rights shield on Yahaya Bello, the Justices agreed with the appeal of the Commission, stating that it is “meritorious and is therefore allowed.”
More importantly, the Justices drew authority from the provision of Section 396(2) of ACJA, and ordered Yahaya Bello to show up in court for his arraignment before any further action can be taken regarding his trial.
“In view of the provision of Section 396(2) of ACJA, the Respondent in this appeal; ALH. 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.
Yahaya Bello is facing prosecution by the EFCC alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80,246,470,089.88k ( Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, Eighty-nine Naira and Eighty- eight kobo). He has consistently refused to take a plea before the court in spite of several attempts made by the EFCC to this effect.
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