By Chukwudi Nweje
For observers of events in Nigeria, last week was one of drama, intrigues and confusion between the Economic and Financial Crimes Commission(EFCC) and the immediate past governor of Kogi State, Yahaya Bello. The apex anti-graft agency and Bello (aka White Lion), engaged each other in a battle of wits and till now, it is a case of who blinks first.
What is the bone of contention? The EFCC is alleging offences relating to economic and financial crimes to the tune of N80.2 billion whereas Bello and his supporters are insinuating it is a witch-hunt by political opponents.
But there was confusion at the Federal High Court, in Abuja on Wednesday, as the court ordered the arrest of Bello for arraignment in court on Thursday, despite a substantive judgement given by a Kogi State High Court earlier on the same day, restraining the EFCC from harassing, detaining or prosecuting the governor.
Justice I.A Jamil of High Court IV gave the restraining order in a two-hour judgement delivered in suit no HCL/68/M/2020 in Lokoja at about 12pm on Wednesday.
“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant,” he said.
Surprisingly, in another development, the Federal High Court, which is of coordinate jurisdiction, ordered the arrest of Bello for arraignment in court on Thursday.
That was in spite of an existing restraining order and a court judgment against such.
The EFCC had appealed against the initial order, and the appeal was scheduled for hearing on April 22. (Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello).
Justice Emeka Nwite, who gave the order of arrest on Thursday said that by the Act establishing the EFCC, it had the power to arrest with or without warrant of arrest.
He said that the EFCC “had tried” to serve him with notice of arraignment.
The Yahaya Bello Media Office had, in a statement signed by Onogwu Mohammed, alerted the nation to a siege on the former Governor’s Abuja residence.
Also, part of the intrigues was the immediate withdrawal of police officers attached to the immediate past Kogi governor.
The order for the withdrawal was contained in a police wireless message.
It said Bello was declared wanted by the EFCC on April 18 after his absence from the federal high court in Abuja stalled his arraignment.
The document with reference number: “CB:4001/DOPS/PMF/FHQ/ABJ/VOL.48/ 34 partly reads, “IG has ordered the withdrawal of all policemen attached to His Excellency and former Executive Governor of Kogi State, Alhaji Yahaya Bello.”
As if that was not enough, the Nigerian Immigration Service had earlier placed the former governor on its watch-list after the EFCC, declared him wanted in connection to an alleged case of money laundering.
In a statement signed by DS Umar, assistant comptroller of immigration, on behalf of Kemi Nandap, comptroller-general of the NIS, the agency said, “I am directed to inform you that the above-named person has been placed on the watch-list.
“Suffice to mention that the subject is being prosecuted before the Federal High Court Abuja for conspiracy, breach of trust, and money laundering vide letter Ref; CR; 3000/EFCC/LS/EGCS.1/ TE/Vide/1/279 dated April 18, 2024.
“If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation or contact 08036226329/07039617304 for further action.”
But the Anti-Corruption Civil Society Organisations (CSOs) have cautioned the EFCC and other anti-graft agencies against undermining the sanctity of the courts while fighting corruption.
The CSOs stressed the importance of upholding suspects’ rights and avoiding any actions that could lead to a violation of the law while enforcing it.
During a press briefing in Lagos on Thursday, the CSOs expressed concern over the recent clash between the EFCC and former Kogi State governor, Yahaya Bello, describing it as unnecessary and unfortunate.
The executive chairman of the Centre for Anti-Corruption and Open Leadership (CACOL), speaking at the briefing, questioned the EFCC’s haste to arrest Bello despite an impending Court of Appeal hearing on the matter. He suggested that such actions might be perceived as politically motivated.
The CSOs highlighted the EFCC’s actions as preempting the outcome of its appeal and disregarding a valid court order to suspend action pending the case’s determination. “Tantamount to the agency preempting the outcome of its appeal and also violating a subsisting and valid court order to pause action pending the determination of the case before it.
“Our layman’s understanding is that a Court of coordinate jurisdiction cannot assume superiority over another,” they noted.
They emphasised the need for all actors, both state and non-state, to abide by the law, including the Nigerian criminal justice system regulations and court processes.
The CSOs urged the EFCC to respect the rule of law and await the outcome of its appeal before taking further action against Bello.
The press conference was attended by Debo Adeniran, executive chairman, Centre for Anti-Corruption and Open Leadership (CACOL); Sina Loremikan, (Campaign Against Impunity); Declan Ihekhaire, (Activists for Good Governance); Gbenga Soloki, CADOV; Ochiaga Ohaneze, (Ohaneze Youth Council); Funmi Jolade, (Women Democratic Vanguard); Kola Abe, (Centre for Socioeconomic Rights); Ologun Ayodeji, (Transparency and Accountability Group); Femi Lawson, (Centre for Public Accountability) and Gbenga Ganzallo (Media Rights Campaign), among others.
The Kogi State Government, on Tuesday, described as laughable the allegation by the EFCC that the immediate-past governor, Bello, was involved in an alleged N80bn.
The state government expressed its displeasure that the EFCC could amend a current charge, FHC/ABJ/CR/550/2022, before the Federal High Court in Abuja in a bid to prosecute Bello, who left office on January 27.
The government, in a statement by the Commissioner for Information, Kingsley Fanwo, accused the EFCC of collaborating with “criminals masquerading as politicians” to tarnish Bello’s image.
He said, “This was not only laughable but portrayed the EFCC as an agency infested with persons whose intents disagree with the noble intention of Mr President to defeat corruption in Nigeria. “The fact that the EFCC, in charge No. FHC/ABJ/CR/550/2022: FRN V. 1. Ali Bello 2. Dauda Suleiman, currently pending before Honorable Justice J.K. Omotosho of the Federal High Court, Abuja Division further amended the amended charge to include in the counts the name of H.E Yahaya Bello, describing him as being at large, is ridiculous, laughable and portrays the EFCC as an agency infested with persons whose intents disagree with the noble intention of Mr. President to defeat corruption in Nigeria. Being at large of course means that a person is evading arrest or is on the run and cannot be found after an attempt to arrest.
“For the sake of clarity, the original charge is against Ali Bello and Dauda Suleiman, Ali’s associate. The offence which H.E Yahaya Bello is alleged to have committed upon which he has been named in the count is a conspiracy to convert the total sum of N80,246,470,089.88, which offence is said to have occurred on or about September 2015 in Abuja. His co-conspirators, according to the count, are Abdulsalami Hudu (Kogi State Government House Cashier) described as being at large too, Ali Bello and Dauda Suleiman.
“The count of the offence is most laughable as the election that produced H.E Yahaya Bello, as governor of Kogi was only conducted in November 2015. Indeed, H.E. Captain Idris Wada of the PDP held sway as governor of Kogi State at the material time until he handed over to H.E Yahaya Bello on the 27th day of January 2016.
“H.E Yahaya Bello could therefore not have as of September 2015 conspired with anyone, including Abdulsalami Hudu, a Kogi Government House Cashier to convert any money belonging to the Kogi State Government. It is to be noted that H.E Yahaya Bello before becoming the Governor of Kogi State had no financial dealings with the Kogi State Government which could have permitted him to convert monies belonging to the Kogi State Government, hence, one’s dismay at the allegation.”
In a letter, a public commentator, Danjuma K.Askira from Jalingo,Taraba State, drew President Bola Ahmed’s attention to the harassment of Bello and urged him to call the EFCC to order.
He said it was ridiculous, a mockery of the anti corruption fight, and an embarrassment to the nation. The development, he said, appears to give credence to the belief that EFCC is clearly working outside her mandate and only out for persecution, witch-hunt and other primordial, political agenda.
Part of the statement read: “On the 27th day of January,2024,Yahaya Adoza Bello handed over to Ahmed Usman Ododo as Governor of Kogi State.
“Few days to the said handover date, rumours were spreading that EFCC was planning to arrest and or invite Governor Bello over some alleged corruption or fraud that had to do with the notorious N20billion bailout fund, diversion of N80billion Local Government or security funds, etc.
“Rumors were also circulating that the Chairman of EFCC sent text messages inviting the former Governor but no indication or evidence of invitation letter delivered to Alh Yahaya Bello.
“Curiously, on the 5th day of February, 2024, and to confirm some of the rumors, EFCC filed an amended charge, wherein the name of Alh Yahaya Bello was included in the charge, though not as a party but was accused of misappropriating about N80billion sometime in 2015,when he was not Governor of Kogi State.
“One wonders how possible this could have happened, which gave credence to the notion that EFCC was on political witch-hunt.
“Strangely, while the controversy on the 2015 was raging, EFCC in her desperate attempt that further exposed her as an agency on a hatchet mission, and as an afterthought, filed another Charge against Yahaya Adoza Bello at another FHC; wherein the 2015 date was changed to February, 2016.
“The question still begging for answer is: how possible for a regime that was sworn in on 27th day of January, 2016 misappropriated or laundered about 80 billion Naira in February, 2016, when the budget of Kogi State for the year 2016 was not near 80billion Naira?
“ It is indeed ridiculous, a mockery of any so called anti corruption fight, and an embarrassment to Nigeria. This appears to give credence to the belief that EFCC is clearly working outside her mandate( if any) and only out for persecution, witch-hunt, other primordial and political agenda.