Nigeria: Bello's Arraignment - Many Politically Exposed Persons Still Walking Free

8 December 2024

With former Kogi State governor, Mr. Yahaya Bello, finally arraigned by the Economic and Financial Crimes Commission, EFCC, before Justice

Justice Maryann Anenih of a Federal Capital Territory, FCT, Abuja, on November 27, all the hetherto drama has ended.

Attention has now shifted to the EFCC on what it will do next in the case which had become a major issue of public discourse.

Bello, who governed Kogi State from 2016 to 2024, is facing trial over his alleged complicity in a N110billion fraud.

The anti-graft agency docked him alongside two officials of the Kogi state government- Umar Oricha and Abdulsalami Hudu,who were named as 2nd and 3rd defendants in the matter.

The defendants, however, pleaded not to the charges.

Trial Justice Anenih remanded the trio in custody of the EFCC, after they pleaded not guilty to the charge against them.

The court subsequently fixed December 10 to rule on separate applications the defendants filed to be released on bail, pending the determination of the case against them.

A second effort by the EFCC to arraign Bello before Justice Emeka Nwite of a Federal High Court in Abuja, was refused by the judge on the grounds that Bello could not be arraigned without the presence of his lawyers.

Justice Nwite had said: "The matter came up on October 30, 2024. It was adjourned to January 21, 2025. From the statement of the defendant, his lawyers are not aware of today's date. In the interest of fair hearing, I will not proceed for arraignment.

"The prosecution should serve the defendant's lawyer with the application for abridgment of time while we come back to take that.

"This matter is peculiar. It is peculiar in the sense that we have already agreed on a date, which is in January.

"It will be unfair if the matter is taken without the defendant's counsel. It would be a different thing if the defendant had no counsel," the Judge said.

It all began when the EFCC declared the former governor a fugitive of the law after several efforts to get him give answers to corruption allegations against him.

While Justice Nwite had on April 17, 2024 issued a warrant of arrest against Bello, in respect of an N80 billion money laundering charge filed against him at the court, Justice Anenih had on October 3, 2024, issued a Public Summons, ordering Bello to also appear before her court over a similar charge, but this time, to the tune of N110 billion.

As of now, the former governor had for the second time, submitted himself to the EFCC for interrogation.

The first time Bello submitted himself to the EFCC, he went with his supporters, including his successor, Usman Ododo.

But rather than arrest Bello, EFCC allowed him to go only for their operatives to show up hours later at his residence with guns.

Bello returned to the EFCC last week and this time, the commission did the needful by interrogating him and bringing him to court for trial.

At the arraignment, the Commission opposed a bail application that Bello filed through his legal team led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.

Daudu, SAN, had after the former governor and his co-defendants entered their plea to the charge, drew the attention of the court to a bail application his client filed on November 22.

In the application he predicated on six grounds, the former governor argued that he enjoys the presumption of innocence under the law.

Insisting that he ought to be seen to be innocent of all the allegations the EFCC levelled against him until his guilt is established, Bello, contended that granting him bail would enable him to effectively prepare his defence to the charge.

The defence lawyer told the court that his client was only served with a copy of the charge against him, around 11p.m., on November 26.

He said the former governor's presence in court was in obedience to the summons that was issued on him.

More so, Bello's lawyer urged the court to ignore EFCC's claim that his client refused to submit himself for trial.

The prosecution counsel had informed the court that some of the witnesses billed to testify in the matter, were available.

He, therefore, prayed the court to allow the EFCC to open its case immediately, an application that was opposed by the defence counsel.

Besides, EFCC argued that Bello's bail application was incompetent since it was filed before the defendants were properly arraigned before the court.

Though the ex-governor's co-defendants were previously on administrative bail, however, following their arraignment on Wednesday, the EFCC prayed the court to allow them to remain in detention.

The EFCC it must be noted as agency is to prosecute and not persecute.

Bello the first day of his visit to the commission on his own volition was not attended to for about three hours.

The man again honoured the invitation on his own and surrendered himself but the EFCC claimed that he was arrested by its operatives. The development suggests ulterior motives

The time has come for the EFCC to be professional and shed toga of persecution of opponents at the instance of some power brokers at the Villa.

Some persons in the current government are walking freely without invitation by the EFCC. Nothing has happened since an ex-governor a South West state honoured EFCC's invitation in its Ilorin office.

Some politically exposed persons are being treated with kid gloves.

Olukoyede-led EFCC must walk the talk and do the needful. The country needs convictions of high profile cases and not sensational reportage on Yahoo yahoo boys

Now that EFCC and Bello are before the court of competent jurisdiction, Nigerians expect fair hearing and reportage on what transpired before the court.

The point must be made that Bello is presumed innocent until proven otherwise by the court.

Fighting corruption is a serious matter and all hands must be on deck to reduce the menace to the barest minimum.

Admitting that the former governor and his co-defendants are still innocent in the eye of the law, until the otherwise is proved in court, a lawyer, who would not want his name in print because the matter is already before a court of competent jurisdiction, noted, "Whatever may be the evidence against him, we hope the agency will appreciate the fact that the former governor remains an innocent man in the eyes of the law."

His argument is that "rather than resort to media trial, gossip and name-calling, what Nigerians expect of EFCC is to ensure that those who fleece the country and its people of their resources should have their day in court and be made to pay for their infractions.

"I, therefore, urge EFCC not only to bark in the media but indeed bite in court through diligent prosecution of accused persons. While stories of billions of Naira allegedly stolen by politically exposed persons, are on the pages of newspapers, they are largely unsubstantiated when trial begins."

On the issue of media trial, a stakeholder in the fight against corruption argue that the commission should embark on diligent prosecution.

"Unfortunately, due to poor preparation and shabby presentation, the EFCC has been losing many of their cases. In several instances, the charges often preferred against some of the suspects are later dramatically dropped on account of lack of diligent prosecution.

"Indeed, it's time for the EFCC to be professional and shed toga of persecution of opponents at the instance of some power brokers at the Villa.

"Some politically exposed persons are being treated with kid gloves. For instance, a Minister of and former governor of a Northern state is walking freely without invitation by the EFCC.

"Nothing has happened since ex-governor of a South West state honoured EFCC's invitation in its Ilorin office. Nothing was done to many others after they were arraigned by Ibrahim Magu before he was removed from office," the stakeholder added.

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