The Court of Appeal in Abuja on Tuesday reversed a Kogi State High Court’s injunction that had prevented the Economic and Financial Crimes Commission (EFCC) from prosecuting ex-Gov. Yahaya Bello over alleged money laundering to the tune of N80 billion.
The appellate court’s three-judge panel, speaking through Justice I. Amadi, unanimously denounced the lower court’s ruling by Justice Isah Jamil as a judicial scandal.
The Justices—Justice H. Barka, Justice S. Bola, and Justice I. Amadi—ordered Yahaya Bello to obey the Administration of Criminal Justice Act, ACJA, and present himself for arraignment.
The court granted the appeal initiated by Chief J. Okutepa (SAN), representing the EFCC, challenging the earlier judgment delivered by Justice Jamil in a fundamental rights suit filed by Yahaya Bello in February 2024.
Persecondnews recalls that Bello is facing a nine-count charge of money laundering, accused of diverting over N80 billion from Kogi State’s treasury, and is slated for arraignment before Justice Emeka Nwite.
Nevertheless, despite filing the charges, the EFCC has yet to successfully bring him before the court for prosecution.
Bello went into hiding and snubbed five court sessions scheduled for his arraignment on April 18, 23, May 10, June 13, and 27, mostly filing several applications challenging, among others, the EFCC and the court’s power to arraign him.
Additionally, Bello filed appeals contesting the court’s rulings, arguing for his arraignment to proceed, but the justices ruled, among other things, that his preliminary objection to the charges was without merit.
During the proceedings, the court accepted the two points raised by the respondent, ultimately dismissing Bello’s appeals.
It held that the learnt trial judge had the charge in FRN vs. Alh. Bello & Anor, FHC/ABJ/CR/550/2022 in his hand but still set the respondent free, “under the guise of enforcing his fundamental rights. This is very scandalous.”
Justice Amadi added that it was very clear that the purpose of the case instituted at the trial court was “to shield the respondent, Yahaya Bello, from his criminal trial.”
The court relied on its earlier decision per Oyewole JCA in EFCC vs. Alh. Yahaya Bello, CA/ABJ/CV/413/2024 to reiterate that “no vourt has the power to preclude a law enforcement agency from performing its statutory functions.”
In effect, the court agreed with the submissions of the appellant.
On the whole, the court held that “the appeal is meritorious and is therefore allowed.”
It further held, “In view of the provision of Section 396(2) of ACJA, the respondent in this appeal, Alhaji Yahaya Bello, is hereby ordered to appear for his arraignment in charge No.: FHC/ABJ/CR/550/2022, FRN v. Ali Bello & Anor, before taking any other step in this matter.”
In a similar outcome, the court ruled in favour of the EFCC in the second appeal, upholding the lower court’s decision that no further applications from the appellant (Bello) would be considered until he submitted himself for arraignment.
Regarding the preliminary objection, the court held that grounds 5 and 6 of the notice of appeal raised legal issues, which meant that no leave was necessary, and therefore, the preliminary objection was dismissed as unnecessary.
In its ruling on the main appeal, the court cited Section 396(2) of the Administration of Criminal Justice Act (ACJA), which states that any objections to the validity of the charge cannot be considered until after the defendant has been arraigned.
Based on this, the court dismissed the appeal.
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