The Court of Appeal in Abuja has ordered the former Kogi State Governor, Yahaya Bello to present himself for arraignment.
The Appeal Court also restrained the former governor from taking any further actions regarding the charges against him until he has been formally arraigned.
In a unanimous judgment delivered on Tuesday by Justice Ken Amadi, the Court allowed the appeal filed by the Economic and Financial Crimes Commission (EFCC) against the judgment of Hon Justice Isah Abdullahi Jamil of the Kogi State High Court in a fundamental right case filed by Bello in February 2024.
The court found that the appeal by Senior Advocate of Nigeria, Jibrin Okutepa on behalf of the EFCC is meritorious and described as scandalous the judgment of the lower court when it held that the purpose of the case instituted at the trial Court was to shield the Yahaya Bello from his criminal trial.
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.
