The Court of Appeal in Abuja has ordered Yahaya Bello, the former governor of Kogi State, to present himself for arraignment before the Economic and Financial Crimes Commission (EFCC) in connection with an alleged N80 billion money laundering scheme. This ruling overturns a previous injunction by the Kogi State High Court that had temporarily blocked the EFCC’s efforts to prosecute Bello.
A three-member panel led by Justice Hamma Barka issued the order after dismissing appeals filed by Bello, who sought to stop his arraignment. The court instructed, “The appellant (Mr Bello) shall obey the provision of section 396(2) of the Administration of Criminal Justice Act (ACJA) by presenting himself for arraignment in the charge before taking any other step in this matter,” as stated in the lead decision read by Justice Kenneth Amadi on Tuesday.
The EFCC charged Bello with 19 counts of money laundering involving over N80 billion, which he allegedly diverted from the Kogi State Government’s treasury.
The appellate court’s ruling was a significant setback for Bello, who has been evading arrest and has snubbed six court sessions scheduled for his arraignment, including those on April 18, April 23, May 10, June 13, June 27, and July 17, according to Premium Times.
The appeal was lodged by the EFCC following the Kogi State High Court’s decision in February, which had granted an interim injunction to Bello.
On February 9, the Kogi High Court had issued an injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute” Bello, his former appointees, staff, or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights.
READ ALSO: Senate Denies Recieving N21m Monthly Salary for Lawmakers
The Court of Appeal described the High Court’s decision as “scandalous,” emphasizing that the trial court’s ruling was intended to obstruct the legal process and shield Bello from prosecution.
Justice Amadi held that “no court has the power to preclude a law enforcement agent from performing its statutory functions,” referencing a previous ruling by Justice Olubunmi Oyewole in EFCC vs. Alhaji Yahaya Bello.
In its ruling, the Court of Appeal agreed with the EFCC’s arguments, deeming the appeal “meritorious.” It invoked Section 396(2) of the Administration of Criminal Justice Act (ACJA), directing Bello to appear before the court for his arraignment in the case identified as Charge No.: FHC/ABJ/CR/550/2022, FRN vs. Ali Bello & Anor, before pursuing any other actions in the matter.
The court also dismissed Bello’s appeal against the trial judge’s decision and threw out his preliminary objection to the trial. Bello had challenged the Federal High Court’s order for the service of the charges and proof of evidence on his lead counsel.
However, the Court of Appeal validated the service as ordered by the trial court, stating, “What is more? Section 379 of the Administration of Criminal Justice Act (ACJA) allows service on the Defendant or his legal practitioner.”
Justice Amadi further noted that Bello’s engagement of lawyers to represent him in the case was a confirmation of his awareness of the pending charges.
The Court of Appeal also ruled on a second case, validating the trial court’s decision not to entertain any of Bello’s applications until he presented himself for arraignment. “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 N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, Eighty-nine Naira and Eighty-eight Kobo). Despite several attempts by the EFCC, he has consistently refused to take a plea before the court.
