Yahaya Bello: EFCC Did Not Breach Order Of Kogi State High Court – Falana 

Kemisola Oye 

HUMAN rights activist, Mr Femi Falana (SAN) has discountenanced insinuations in some quarters that the Economic and Financial Crimes Commission (EFCC)  disobeyed the orders of a  Kogi State High Court by seeking to arrest and arraign a former governor of Kogi State, Mr Yahaya Bello before a Federal High Court sitting in Abuja.

Mr Falana while weighing in on the ongoing issue of the propriety of the EFCC to apprehend Mr Bello and bring him before justice maintains that the allegation is completely baseless as the Kogi State High Court did not grant such wide orders. 

According to the Lagos-based senior lawyer, in Yahaya Bello v Economic and Financial Crimes Commission (Suit No HCL/68M/2024) filed at the Kogi State High Court, the Applicant sought the following reliefs:

1. A DECLARATION that the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution of the Applicant without any formal invitation, upon the instigation of the Applicant’s political adversaries in Nigeria upon the false and politically motivated allegation of corruption is a misuse of executive powers, misfeasance in public office, abuse of power and an unjustifiable interference with the Fundamental Rights of the Applicant (right to liberty, freedom of movement and fair hearing) guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. AN ORDER enforcing the fundamental rights of the Applicant to liberty and freedom of movement and fair hearing, by restraining the Respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining, prosecuting or persecuting the Applicant, on the basis of the false allegation of corruption made by the Applicant’s political adversaries and the Respondent.
3. AN ORDER securing the enforcement of the fundamental rights of the Applicant to liberty, freedom of movement, and fair hearing by requiring the Respondent to bring before the court any evidence, complaints, material and allegations supported by evidence that it may obtain after the judgment of this court upon which it may believe that the Applicant is suspected to have committed or is guilty of any offence and obtain the court’s leave before taking any steps whatsoever (including inviting, arresting, detaining prosecuting for any reason) against the Applicant henceforth.
4. AND for such further or other order(s) as this Honourable Court may deem fit to make in the circumstance.

“Even though the learned trial judge, the Honourable Justice Isa Jsmil Abdullahi upheld the fundamental right of the Applicant to personal liberty and freedom of movement subject to the power of the Federal High Court to make any order deemed fit in the criminal case pending against him in the Federal Capital Territory. 

“For the avoidance of doubt, the Kogi State High Court ordered as follows: 

1. AN ORDER is hereby granted enforcing the Fundamental Rights of the Applicant to liberty and freedom of movement and fair hearing by restraining the Respondent by themselves, their agents, servants or privies from continuing to harass, threaten or detain or in any manner whatsoever arresting, detaining or persecuting the Applicant, on the basis of the criminal charges now pending before the Federal High Court, Abuja to wit: Charge No: FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor. Without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.
2. AN ORDER is hereby granted directing the Respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the Applicant is reasonably believed by the Respondent to have committed any offence subject of its jurisdiction, provided that the Respondent shall not invite, arrest or detain the Applicant on account of a reasonable belief that the Applicant has committed any financial crime, without first obtaining the leave of a superior court of Record, especially haven regard to the antecedents of the Respondent in the manner it has managed its engagements with the Applicant.

“From the foregoing, it is indubitably clear that the Kogi State High Court granted an order to enforce the fundamental rights of Mr Yahaya Bello to personal liberty and freedom of movement. The order was made without prejudice to the power of the said Federal High Court, to make any order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.

“The Kogi State High Court specifically directed the EFCC ” *to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the Applicant is reasonably believed by the Respondent to have committed any offence.

“Therefore, by filing charges of money laundering of over N80 billion against Mr Yahaya Bello at a Federal High Court, the EFCC has diligently complied with the order of the Kogi State High Court.  In the same vein, the order made by a Federal High Court for the arrest of Mr Yahaya Bello for the purpose of his arraignment  is equally in line with the order of the Kogi State High Court”. 

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