Henry Uche This week, the case between the Economic and Financial Crimes Commission, EFCC and immediate past governor of Kogi State, Yahaya Bello continues. To many commentators, it is one case that will put the anti-graft agency to test and public scrutiny......Read The Full Article>>.....Read The Full Article>>
After several months of intense drama between EFCC and Yahaya Bello, many critical observers are patiently waiting for how the controversial case would eventually pan out.
It all began when the EFCC had declared the former governor a fugitive of the law after several efforts to get him give answers to corruption allegations against him.
While Justice Emeka Nwite of the Abuja division of theFederal High Court in Abuja, 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 Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) 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.
The former governor was arraigned alongside Umar Shuaibu Oricha and Abdulsalami Hudu, on a 16-count charge bordering on criminal breach of trust and money laundering to the tune of N110.4billion.
Justice Maryanne Anenih had on Wednesday, November 27 ordered that the defendants be remanded in EFCC custody and adjourned the hearing of the bail applications to December 10, 2024.
In the estimation of critical observers, now that Bello is in the custody of the EFCC and his trial has commenced, the commission should exercise a little bit of decorum in handling the case to ensure justice is delivered without fear or favour.
Many argue that now that the EFCC and Bello are before the court of competent jurisdiction, there should be a fair hearing and reportage on what transpired before the court.
This is because Bello is presumed innocent until proven otherwise by the court.
There is no doubt that fighting corruption is a serious matter and all hands must be on deck to reduce the menace to the barest minimum.
Analysts agree that the EFCC should not only bark in the media but indeed bite in court through diligent prosecution of accused persons because 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.
Critical observers insist that due to poor preparation and shabby presentation, the EFCC has been losing many of their cases and in several instances, the charges often preferred against some of the suspects are later dramatically dropped on account of lack of diligent prosecution.
In their estimation, it is time for the EFCC to be professional and shed the toga of persecution of opponents at the instance of some power brokers in the country.
The expectation in many quarters is that the EFCC Chairman, Olanipekun Olukayodemust walk the talk and do the needful as the country needs convictions of high profile cases and not sensational reportage on Yahoo yahoo boys.
In the estimation of many analysts, while Nigeria is consistently ranked as one of the most corrupt countries in the world, it is the duty of the anti-corruption agencies to wholistically go after corrupt Nigerians and avoid selective prosecution.
There are those who insist that at every stage of the case in question, it was clear that the man, Yahaya Bello, was well covered by the laws of the nation.
Many people would argue that the EFCC started the drama with Bello by staging a movie in front of his Abuja residence in the name of laying siege even when he had a valid court order against arrest or harassment pending the determination of a fundamental human rights case he filed.
The present National Chairman of the All Progressives Congress, Umar Ganduje, in a similar instance had got an order that stopped the EFCC from probing him.
The questions are: “Who has vacated that order? Is he not the one freely moving from one place to the other despite heavy allegations hanging around his neck?”
The freedom Ganduje enjoys according to observers is also in spite of various petitions submitted against him to the EFCC by individuals and organisations as well as his state government.
On Yahaya Bello, many questions come to mind: “Is the EFCC not embarking on a game that is clearly a breach of everything called fundamental human rights and not think of future implications on the Nigerian legal system?
“Was it right for the EFCC to have, in April, stormed the house of someone who had a valid court order preventing them from arresting him pending the determination of the matter in court?” Supporters of Bello argue that there was even no formal invitation to him and no warrant of arrest even as the controversial warrant of arrest was obtained much later, in contravention of an existing order from a court of coordinate jurisdiction.
What some observers argue is that if the EFCC had succeeded in vacating the order that he had before the invasion and he refused to show up or they couldn’t arrest him, that would have been the point for a warrant of arrest.
From records, the EFCC only vacated that order at the Court of Appeal at the end of August.
The EFCC in the estimation of many people has always been an instrument in the hands of the government of the day against opposition or perceived political rivals, and has served as a ‘witch-hunt tool’ that always turns round to ‘witch-hunt’ the last user.
Recall that the first time Bello submitted himself to the anti-graft agency, he went with a large contingent of 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 later returned to the EFCC and this time, the commission did the needful by interrogating him and bringing him to court for trial.
In a-16- count charge marked CR/7781/2024, bordering on criminal breach of trust, the EFCC accused Bello, Umar Shuaibu Oricha and Abdulsaami Hudu of spending over N110 billion of public funds to acquire several properties in Abuja and Dubai.
The defendants, however, pleaded not guilty to all the charges following which their lawyers moved their respective applications for bail, which were at the same time objected to by the anti-graft agency.
The EFCC’s lawyer, Mr Kemi Pinheiro, SAN, had based his objection on the fact that Bello is facing charges at the Federal High Court and has refused to appear there to take his plea.
Justice Anenih in a short ruling, held that her decision in the bail applications would be delivered on December 10 and directed that the three defendants should remain in the custody of the EFCC till then.
Meanwhile, the EFCC on Friday, November 29, 2024 again took him for arraignment before Justice Emeka Nwite of the Federal High Court for arraignment on another 19-count charge that bordered on his alleged complicity in an N80.2billion fraud.
But the arraignment was stalled due to the absence of counsel representing the former governor in court.
Consequently, Justice Nwite declined to allowEFCC, to arraign Yahaya Bello, in the absence of his lawyers.
Justice Nwite observed that it will not be in the interest of justice to proceed with the arraignment and subsequently declined.
“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.
Also, following request by Pinheiro, the court adjourned till December 13, 2024 and directed EFCC’s lawyer to apply for an abridgement of time and serve notice of same on Bello’s lawyer.
