Appeal Court orders Yahaya Bello to appear for arraignment

The Court of Appeal sitting in Abuja has ordered the immediate past governor of Kogi State, Yahaya Bello, to present himself before Justice Emeka Nwite of the Federal High Court in the nation’s capital for arraignment before any further action could be undertaken in his case.

The Appeal Court gave the order in a unanimous judgement delivered by Justice I.K. Amadi on Tuesday, August 20, 2024.

This followed the appeal filed by J.S.Okutepa (SAN) on behalf of the Economic and Financial Crimes Commission (EFCC) against the judgement 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 anti-graft agency.

The Appeal Court further held that the freeing of Bello from EFCC’s prosecution by Justice Jamil “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 court reiterated that “no court has the power to preclude a law enforcement agent from performing its statutory functions.”

Yahaya Bello to court: Adjourn my case indefinitely

In upholding EFCC’s application for the quashing of Justice Jamil’s fundamental rights shield on Yahaya Bello, Justice Amadi agreed with the appeal of the EFCC, stating that it is “meritorious and is therefore allowed”.

The judge drew authority from the provision of Section 396(2) of ACJA and ordered Bello to show up in court for his arraignment before any further action could be taken on his trial.

“In view of the provision of Section 396(2) of 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 judge declared.

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 N80.2 billion.

The former governor has consistently refused to take a plea before the court despite several attempts made by the EFCC to this effect.

The Star