CEM REPORT, OPINION| The nation has been agog with news of the ongoing face-off between the EFCC and the immediate past Governor of Kogi State, Alhaji Yahaya Bello and the others over the (EFCC)’s attempt to arrest Bello in connection with alleged official corruption involving the sum of ₦80.2 billion which he allegedly misappropriated while in office for eight years as Kogi State Governor.
Accusations and counter-accusations have raged back and forth between both camps (with not a few officious by-standers proffering gratuitous, ill-informed advice in the guise of opinions). As usual, the truth is always the first casualty. In this case, it is worsened by the fact that the matter is the subject of on-going litigation before at least two different courts: a High Court in the former Governor’s home State of Kogi and the Federal High Court in Abuja.
The situation has been compounded by the order of injunction granted by a Kogi State High Court restraining the Commission from arresting or attempting to arrest the former Governor. The alleged breach of the order so irked the judge who issued it that he apparently had no option but to cite the EFCC boss for contempt. That order has been stayed by the Court of Appeal. Because these proceedings are ongoing, no more will be said on them.
Let me stress here that I am neither on the side of Yahaya Bello, nor that of the EFCC, or the Government of Kogi State whose funds are allegedly at the heart of the dispute. I will not cry more than the bereaved. My intervention here is limited to the legal ramifications and propriety of the steps taken so far by both sides of the divide.
BACKGROUND
Before Bello’s Abuja house was raided in a gestapo-like manner on April 17, 2024, Bello had, believing that his fundamental human rights were being threatened, approached a Kogi State High Court seeking an interim restraining order against the EFCC (Commission) pending the determination of a substantive suit before the court.
Justice Isa Abdullahi (presiding), who was satisfied with the grounds upon which the relief was sought, on February 9, 2024, gave an interim restraining order against the EFCC from taking any action against Bello, pending the determination of the substantive matter.
The Commission, dissatisfied, approached the Court of Appeal, Abuja, on March 11, 2024, requesting the appellate court to set aside the interim restraining order. It argued that the lower court lacked the requisite jurisdiction to assist Bello escape his deserved justice. It also argued that Bello could not stop the Commission from carrying out its statutory duties, nor use the lower court to escape its invitation, investigation and possible prosecution as the court’s order directed.
The Appeal Court adjourned hearing to April 22, 2024, while refusing to hear EFCC’s application for a stay of the order of interim injunction. In further affirming its earlier interim orders, the Kogi State High Court on April 17, 2024, delivered judgment in the substantive suit and directed the Commission to first seek the leave of the Court of Appeal before taking further steps against Bello. It granted some injunctive reliefs against the Commission “from continuing to harass, threaten to arrest or detain Bello”.
The court directed the Commission to file a charge against Bello in an appropriate court if it had some reason to do so. The Commission later obtained a warrant of arrest against Bello from the Federal High Court presided over by Justice Emeka Nwite. On April 22, the anti-graft agency filed a notice of withdrawal of its appeal, predicating it on the ground that events had overtaken the appeal; while admitting that the appeal was filed out of time.
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Bello’s team promptly challenged the arrest warrant by the Federal High Court and Justice Emeka Nwite has adjourned for his ruling on the propriety of his warrant of arrest against Bello.
Stick around for part 2
