The Court of Appeal in Abuja has ruled in favor of the Economic and Financial Crimes Commission (EFCC) in its appeal against the judgment of the Kogi State High Court, which had prevented the arraignment of former Kogi State Governor, Yahaya Bello.
The Appeal Court has ordered Bello to present himself for arraignment in the charge against him, FHC/ABJ/CR/550/2022, FRN VS ALI BELLO & ANOR, and restrained him from taking any further actions regarding the charges until he has been formally arraigned.
The court found the judgment of the lower court to be “scandalous” and held that no court has the power to preclude a law enforcement agent from performing its statutory functions.
In reaching its verdict, the appellate court adopted the two issues raised by the Respondent. The court held that the learned trial Judge had the Charge in FRN VS. ALI BELLO & ANOR, FHC/ABJ/CR/550/2022 in his hand, but still set Yahaya Bello free, under the guise of enforcing his fundamental rights.
The Court also relied on the earlier decision of Justice Olubunmi Oyewole JCA in EFCC vs. Alh. Yahaya Bello, CA/ABJ/CV/413/2024 to reiterate that “No Court has the power to preclude a law enforcement agent from performing its statutory functions.”
On the whole, the Court agreed with the submissions of the EFCC and held that the appeal is meritorious and is therefore allowed.
Importantly, the Court further held, that: “In view of the provision of Section 396(2) of the Administration of Criminal Justice Act, ACJA, the Respondent in this appeal, Alhaji 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.”
In Feb. 2024, the former governor approached the Kogi State High Court to stop his arrest. In a suit to enforce his Fundamental Human Rights, Justice Jamil had specifically granted an order of injunction restraining the Commission from arresting or attempting to arrest the former governor.
The EFCC had appealed the lower court’s decision, which had granted an order of injunction restraining the commission from arresting or attempting to arrest Bello.
