EFCC Advised To Follow Due Process In Its Case Against Yahaya Bello

Amidst the legal fireworks surrounding former Kogi state governor Yahaya Bello’s arrest warrant and the restraining order issued by the Kogi State High Court, a coalition of anti-corruption groups led by the Anti-Corruption and Research-Based Data Initiative (ARDI) has urged the Economic and Financial Crimes Commission (EFCC) to follow due process in prosecuting the former governor.

Bello is being investigated for the alleged embezzlement of N80.2 billion.

On Tuesday, a judge of the Federal High Court, Justice Emeka Nwite, ordered the EFCC to serve the money laundering charges against the former governor through his lawyer, Abdulwahab Mohammed.

Nwite, relying on section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA), also ordered Mr Mohammed, having announced an unconditional appearance for the former governor, to accept service on behalf of the defendant.

Addressing a press conference on Tuesday in Abuja, Mr Nwabueze Anyanwu, the publicity director of the Anti-corruption and Research-based Initiative (ARDI), who led a coalition of CSOs, said the groups had been closely following the current impasse between the EFCC and Bello, which culminated in the raid on his private residence in Abuja, for the past few weeks.

He said the Coalition’s “concern hinges on the need for both parties to work within the ambit of the Laws of the Federal Republic of Nigeria to avoid subjecting the War on Corruption in this country to further odium in the eyes of right-thinking people, as well as do our bit to avert the ongoing and needless overheating of our polity.”

The coalition claimed that the anti-graft agency has not extended to Bello the customary investigation to visit her offices for the purposes of assisting her in any investigations

It stressed that it could not also find evidence anywhere, no matter how remote, where the Commission has asserted that she did extend such an invitation to him.

Ozugbi said the coalition knows that the Commission would usually send an invitation letter, and often several reminders, to a respondent in any petition before even seeking warrants of arrest, and certainly long before taking drastic actions like the raid it conducted last Thursday.

He added: “The attempt by officers of the EFCC to arrest Alhaji Yahaya Bello is in flagrant disregard of a subsisting court order that comprehensively bars her from doing so based on a determination that their actions in the entire circumstances of the case amount to actual and threatened breach of all of his fundamental human rights

“The EFCC is currently in the Appeal Court challenging the existing order of the High Court of Kogi State, and the Appellate Court has insisted that parties maintain the status quo pending the outcome of the appeal. We are convinced that the EFCC has breached both the principles of the sanctity of court orders and the pendency of suits by her subsequent actions.

“This informs our conclusion that the EFCC’s raid on Yahaya Bello’s Residence at No. 9 Benghazi Street, Zone 4, Wuse, Abuja, on Wednesday, April 17, 2024, is in disobedience of subsisting orders of courts and practice procedure, making it both regrettable and an aberration under the Rule of Law.”

It further recalled that EFCC, under the leadership of Abdul Rasheed Bawa, had previously accused Bello of hiding the sum of $20 billion as bail-out money due to Kogi State in a Sterling Bank account and for his own aggrandisement and personal enrichment

It said that from 2022, when it first became breaking news at the instance of the EFCC, till today, the agency could not substantiate that particular allegation against Bello in any court of law with the same energy with which it tried and found him guilty of it in the media.
“The sundry allegations of embezzlement of a whopping sum of N80.2bn by EFCC against Alhaji Yahaya Bello is poorly presented and appear to be politically motivated

“The EFCC, under the leadership of Abdul Rasheed Bawa (former Chairman of the Commission), had previously accused Alhaji Yahaya Bello of hiding a whooping sum of N20billion being bail-out money due to Kogi State in a Sterling Bank account, and for his own aggrandisement and personal enrichment

“From 2022, when it first became breaking news at the instance of the EFCC, till today, the agency could not substantiate that particular allegation against Alhaji Yahaya Bello in any court of law with the same energy with which it tried and found him guilty of it in the media. As it is, those allegations seem to have evaporated with the exit of Bawa as chairman, while new allegations have surfaced under the newest leadership.

“The EFCC originally alleged that the N80.2bn embezzlement occurred in September 2015, except that will put the alleged offence several months before Alhaji Yahaya Bello assumed office for the first time as Kogi State Governor, having not been an official or servant of the Kogi State Government in any capacity prior to then.

“Perhaps, confronted with the incongruity of that accusation, the Commission later amended the date to February 2016, that is, just 3 weeks after he assumed office, and by which time the records show that his administration was yet to collect its first federal allocation. The Anti-Corruption Coalition will really appreciate deeper insight from the Anti-Corruption agency on the mechanics of these charges.

“The inconsistencies in the allegations by the EFCC against Alhaji Yahaya Bello clearly show that the allegations lack substance. Furthermore, the EFCC has continued a sensational media trial of Alhaji Yahaya Bello with staccato media releases, raising questions about how they serve the interests of justice in the matter.