EFCC's appeal against the Kogi State High Court ruling favouring former Governor Yahaya Bello succeeded on Thursday, paving the way for the EFCC to proceed with his trial.
The Court of Appeal in Abuja has overturned the ruling of the Kogi State High Court summoning the chairperson of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to answer to a contempt charge initiated by former Governor Yahaya Bello.
The former Kogi State governor had filed the contempt suit against Mr Olukoyede for allegedly violating the Kogi State High Court's order restraining EFCC from arresting him for investigations or trial.
In the lead judgement of its three-member panel delivered by Joseph Oyewole on Thursday, the Court of Appeal held that "a court of law cannot preclude the EFCC or any law enforcement agency from investigating and prosecuting crime."
"This is a fundamental jurisdictional point that cannot be shoved aside as it borders on the doctrine of separation of powers. The argument of the Respondent that no ground covers this point cannot stand in view of the instant circumstance," a statement by the EFCC quoted the judge as also saying.Resistance to trial
Mr Bello, who left office as governor of Kogi State in January, faces 19 counts of money laundering involving over N80 billion. EFCC filed the charges at the Federal High Court in Abuja after Mr Bello left office and lost his immunity to criminal prosecution.
EFCC accused him of diverting the funds from the Kogi State treasury during his eight years as governor of Kogi State.
However, efforts by the EFCC to arraign him have failed, with Mr Bello refusing to attend court on different occasions since April.
Mr Bello had anchored his refusal to appear in court on the Kogi State High Court ruling shielding him from arrest. He accused the EFCC of disobeying the court decision by filing charges against him and making moves to arrest him.
However, the EFCC appealed against the decision. The anti-corruption agency insisted that it violated no court order by exercising its powers and relying on the arrest warrant issued by the Federal High Court in Abuja on 17 April for his arrest to prosecute him.
An attempt by the EFCC to execute the arrest warrant on 17 April was frustrated by the police attached to the premises before he eventually sneaked away in his successor, Governor Ahmed Ododo's convoy.
The following day, 18 April, Mr Bello refused to appear in court.
The anti-graft agency declared him wanted but has been unable to effect his arrest.
He snubbed subsequent proceedings on 23 April, pushing the court to order that he be served the charges through his lawyers.
He also did not show up in court on 10 May when the judge rejected his lawyer's application seeking an order to halt his trial pending an appeal regarding his trial.
Meanwhile, his lawyers undertook on 10 May to produce him in court on Thursday. But he did not appear. PREMIUM TIMES reported earlier that the judge, Emeka Nwite, rescheduled the arraignment for 27 June on Thursday.
The Court of Appeal judgement has laid to rest Mr Bello's fragile legal basis for staying away from court for arraignment since April.
Trial to continue
The Court of Appeal held that it would not toe the path of technicalities and granted the commission the authority to continue its prosecution of Mr Bello. It also awarded a fine of N1 million against the former governor.
The Kogi State High Court had, on 25 April, issued an ex parte order summoning the EFCC chair, Mr Olukoyede, to appear before him to answer a contempt charge.
According to him, Mr Bello tendered exhibits showing Mr Olukoyede and the EFCC "carried out some acts upon which they have been restrained by this court on 9 February 2024 pending the determination of the substantive motion on Notice before this Court ".
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Displeased with the order, Mr Olukoyede approached the appellate court to challenge it.
Mr Olukoyede's challenge was succeeded on Thursday, paving the way for the EFCC to continue its prosecution of Mr Bello.
In the charges, EFCC accused the former Kogi State governor, his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu (said to still be at large) of conspiring to convert the total sum of N80.2 billion public funds to personal use in February 2016.
The commission alleged that Mr Bello and others "reasonably ought to have known" that the money "forms part of the proceeds of your unlawful activity" - criminal breach of trust.
EFCC also alleged in another count that Mr Bello, between 26 July 2021 and 6 April 2022 in Abuja, aided a firm, E-Traders International Limited, to conceal the aggregate sum of over N3 billion (N3,081,804,654) in account number 1451458080 domiciled in Access Bank Plc.
