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EFCC Did Not Violate Kogi State Court's Order in Requesting Arrest of Fugitive Former Governor Yahaya Bello, Asserts Falana

In his reference to some segments of the Kogi State High Court's judgement, Falana has dismissed the claim as "entirely unfounded," noting that the court never issued such extensive orders as Bello has suggested.

Noted legal expert, Femi Falana, SAN, has countered the embattled ex-governor of Kogi State's claim accusing the Economic and Financial Crimes Commission (EFCC) of defying the Kogi State High Court's directives by attempting to detain and prosecute him before the Federal High Court in Abuja.

Falana, after reviewing portions of the Kogi State High Court's decision, described the accusation as "entirely unfounded," clarifying that the court did not issue such broad orders as asserted by Bello.

He articulated, "In the case of Yahaya Bello v Economic and Financial Crimes Commission (Suit No HCL/68M/2024) at the Kogi State High Court, the Petitioner requested:

  •  "A DECLARATION that the incessant harassment, the threats of arrest and confinement, the negative media releases, and the malicious pursuit of the Petitioner without any formal summon, spurred by the Petitioner’s political foes in Nigeria on fictitious and politically charged corruption accusations, constitute an abuse of executive authority, a misfeasance in public office, a misuse of power, and an unnecessary meddling with the Petitioner's Fundamental Rights (right to liberty, freedom of movement, and a fair trial) as safeguarded by the Constitution of the Federal Republic of Nigeria, 1999 (as revised).
  • "AN ORDER to protect the Petitioner's fundamental rights to liberty and movement and a fair trial, by preventing the Respondent, their delegates, employees, or anyone acting on their behalf, from further harassing, threatening to arrest or detain, or in any way arresting, detaining, prosecuting, or persecuting the Petitioner, on the grounds of the fabricated corruption allegation by the Petitioner’s political rivals and the Respondent.
  • "AN ORDER to uphold the Petitioner's fundamental rights to liberty, movement, and a fair hearing by mandating the Respondent to present to the Court any evidence, grievances, or supported allegations it might gather post-judgement, which it believes may suggest the Petitioner has committed any offence, and to seek the Court's permission before taking any action (including invitations, arrests, detentions for any reason) against the Petitioner henceforth.
  • "AND any additional or different orders this Honourable Court sees fit to issue under these circumstances."

The acclaimed jurist mentioned that Justice Isa Jamil Abdullahi confirmed the Petitioner's fundamental right to personal liberty and freedom of movement, directing the EFCC to present any allegations against the former governor before the Federal High Court or another suitable court.

Elaborating, Falana explained, "To clear any doubt, the Kogi State High Court decreed as follows: "AN ORDER is thus issued to ensure the Petitioner’s Fundamental Rights to liberty, movement, and a fair hearing by restraining the Respondent, their agents, employees, or any representatives from continuing to harass, threaten, or detain, or in any manner arrest, detain or persecute the Petitioner, concerning the criminal charges currently before the Federal High Court, Abuja, namely: Charge No: FHC/ABJ/CR/550/2022 between FRN vs. Ali Bello & Anor, without affecting the power of the said Federal High Court to issue any Order it deems fair in resolving the rights of the Petitioner and the Respondent as submitted for its review and decision.

"AN ORDER is also issued directing the Respondent to present any criminal Charge, accusation, or complaint, for which the Petitioner is reasonably suspected by the Respondent of committing any offence under its jurisdiction, to the aforementioned Federal High Court, or any other relevant Court, provided that the Respondent shall not summon, arrest, or detain the Petitioner based on a reasonable suspicion of financial crime commission, without first securing permission from a higher court of record, especially given the Respondent's history in handling its dealings with the Petitioner."

Falana indicated that, as a result, it's "unequivocally" evident that the Kogi State High Court delivered an order upholding Mr. Yahaya Bello's fundamental rights to personal freedom and movement.

"The order was issued 'without prejudice to the said Federal High Court's authority to pass any Order it finds appropriate in deciding upon the rights of the Petitioner and the Respondent as they are presented for its review and judgement.'"

He pointed out that the Kogi State High Court specially instructed the EFCC "to submit before the said Federal High Court, or another appropriate Court, any criminal Charge, accusation, or complaint against the Applicant if he is reasonably believed by the Respondent to have committed any offence.."

"Thus, by proceeding to charge Mr. Yahaya Bello with money laundering exceeding N80 billion at the Federal High Court, the EFCC has meticulously adhered to the Kogi State High Court’s directive.

Similarly, the Federal High Court’s decision to issue a warrant for Mr. Yahaya Bello's arrest to facilitate his court appearance directly aligns with the Kogi State High Court's order.

A certified true copy of the Kogi State High Court's judgement is hereby enclosed for examination. Refer to pages 31 and 32 for the Court's granted orders."