N84b fraud: Courts give conflicting orders as Ododo rescues Bello from EFCC

Operatives of Economic and Financial Crimes Commission (EFCC), yesterday, stormed the residence of the immediate past Governor of Kogi State, Yahaya Bello, in Abuja over alleged N84 billion fraud.
Bello was, however, rescued by the state Governor, Usman Ododo.

A Federal High Court in Abuja has issued a warrant for the arrest Bello, countering an earlier ruling by a Kogi court that on the same day gave a definite order restraining the EFCC from infringing on the fundamental human rights of Yahaya Bello. The warrant by the court in Abuja was issued following an ex-parte motion filed, yesterday, by EFCC.

The EFCC had, on March 14, 2024, dragged Bello before Justice James Omotosho of the Federal High Court sitting in the Maitama area of Abuja for alleged N84 billion money laundering offences.

The former governor was charged alongside his nephew, Ali Bello; and Dauda Sulaiman and Abdulsalam Hudu.

Officers of the anti-graft agency laid siege to Bello’s house located in Wuse Zone 4, Abuja, yesterday.

The reason behind the siege on Bello’s home could not be immediately ascertained.

Reacting to the development, the ex-governor’s media office, in a statement, condemned the EFCC operatives’ action, describing it as a violation of the court order, which restrained the anti-graft agency from harassing and arresting Bello.

Bello’s media office said: “The EFCC was duly served with that order on February 12, 2024, and on February 26, 2024, the EFCC filed an appeal (Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji

Yahaya Bello) against the said order to the Court of Appeal Abuja Division. The appeal was accompanied by a motion for a stay of execution of the order of the High Court, which the Court of Appeal adjourned for hearing till April 22, 2024.

“Furthermore, judgment in the substantive case between Alhaji Yahaya Bello and the EFCC will be delivered at 12 noon today in Lokoja.
“Contrary to all of the above, the EFCC has now laid siege to the home of Yahaya Bello, seeking to arrest him in contravention of the extant orders.”

It took the arrival of the state Governor, Usman Ododo, to free Bello. Ododo, arrived at Bello’s residence and was later seen leaving with his predecessor.
An EFCC official was overheard speaking with his superior on the phone, saying Bello was inside Ododo’s car that departed.
Shortly after Ododo departed from Bello’s residence, the EFCC personnel left the house.

Meanwhile, the High Court, sitting in Lokoja, Kogi State, yesterday, gave a definite order restraining the EFCC from infringing on the fundamental human rights of Bello.

In a two-hour judgment delivered on at the High Court 4, presided over by Justice I.A. Jamil, in suit no HCL/68/M/2020, the court restrained the EFCC from arresting, detaining and prosecuting the applicant except as authorised by the court.

The judgment followed the suit brought before the court by Bello, the applicant, seeking to enforce his fundamental rights against EFCC.

The court equally restrained the respondents from continuing to persecute the applicant.

Earlier in the judgment, the court dismissed the issue of jurisdiction as challenged by the EFCC.

The applicant’s counsel, S.A. Abbas and MS Yusuf, described the judgment as landmark while the defendant counsel, T.U. Odima and Patrick O. Jibril also aligned themselves to the judgment, describing it as thorough.

Earlier, in the motion marked: FHC/ABJ/CR/98/2024, the anti-graft agency prayed the court to serve Bello the charge and the proof evidence on the defendant through a substituted means.

EFCC also sought an order seeking the immediate arrest of Bello for arraignment.
The EFCC’s reliefs partly read: “An order granting leave to the complainant/applicant to effect service of the charge together with the proof of evidence on the defendant by substituted means to wit; by pasting the charge at the last known address of the defendant within the jurisdiction of this honourable court being: 9, Benghazi Street, Wuse Zone 4, Abuja.

“An order directing and/or issuing an arrest warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.”

In his ruling on the motion, Justice Emeka Nwite, ordered the immediate arrest of the former governor of Kogi State.

He also directed that the former governor be produced before him on Thursday, April 18 for arraignment.

Nwite said: “It is hereby ordered as follows: That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment.

“That case is adjourned to the 18th day of April 2024 for arraignment.”