Court Orders Yahaya Bello To Surrender Himself For Arraignment

The Court of Appeal in Abuja has ordered the former governor of Kogi State, Yahaya Bello, to produce himself for arraignment.

Naija News recalls that Bello has been embroiled in a prolonged legal dispute with the Economic and Financial Crimes Commission, EFCC, regarding his arraignment.

The EFCC subsequently issued a warrant for his arrest, declaring him wanted, after repeatedly failing to comply with court orders to surrender himself for arraignment.

However, Bello, in a letter through his team of lawyers led by Abdulwahab Mohammed, SAN, requested that since he was alleged to have committed the offence when he was the state governor, it is proper for the case to be held in Kogi State.

He maintained that only the Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations raised against him by the EFCC.

In a unanimous judgment by Justice Ken Amadi on Tuesday, the court restrained Bello from taking further steps in the charge unless he is arraigned.

The court also allowed the appeal filed by the EFCC against the judgment of Hon. Justice Isah Abdullahi Jamil of the Kogi State High Court in a fundamental rights 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.”