 |
| Yahaya Bello |
On Tuesday, the Court of Appeal in Abuja directed former Kogi State Governor Yahaya Bello to present himself for arraignment in the N80 billion money laundering case pending at the Federal High Court in Abuja.
A three-member panel led by Hamma Barka issued the order after dismissing appeals by Mr. Bello aimed at halting his arraignment by the Economic and Financial Crimes Commission (EFCC).
“The appellant (Mr. Bello) shall comply with section 396(2) of the Administration of Criminal Justice Act (ACJA) by appearing for arraignment before taking any other steps in this matter,” stated Kenneth Amadi in the lead decision.
The EFCC has charged Mr. Bello with 19 counts of money laundering, alleging he diverted over N80 billion from the Kogi State Government’s treasury.
Evasion of Trial
Since the charges were filed, the commission has been unable to bring Mr. Bello to court for arraignment.
The former governor has missed six court sessions scheduled for his arraignment.
He was supposed to appear on April 18, a day after the trial court ordered his arrest.
Mr. Bello also skipped court sessions scheduled for April 23, May 10, June 13, June 27, and July 17.
Tuesday’s court decision is the latest in a series of judicial responses to Mr. Bello’s attempts to avoid trial.
In June, the Court of Appeal in Abuja ruled against him in a fundamental rights case, which he used as an excuse to avoid court.
He also unsuccessfully sought to transfer his trial from the Abuja division of the Federal High Court to the Lokoja division.
On July 17, the trial judge, Emeka Nwite of the Federal High Court in Abuja, rejected an application by Mr. Bello’s legal team to halt his trial.
Appeal Court’s New Decision
The court dismissed Mr. Bello’s appeal against the trial judge’s decision and rejected his preliminary objection to the trial.
Mr. Bello challenged the Federal High Court’s decision to serve the charges and proof of evidence on his lead counsel.
However, the Court of Appeal upheld the service as ordered by the trial court.
“Section 379 of the Administration of Criminal Justice Act (ACJA) allows service on the Defendant or his legal practitioner,” Mr. Amadi stated in the lead decision.
Mr. Amadi also noted that Mr. Bello’s engagement of lawyers to represent him confirmed his awareness of the pending charges.
“Therefore, the appeal lacks merit and is dismissed. The lower court’s decision directing service on the Appellant’s lead counsel is affirmed,” the court added.
In a second case, the Court of Appeal also upheld the trial court’s decision not to entertain any of Mr. Bello’s applications until he appeared for arraignment.
The judgement addressed a decision by Kogi State High Court judge Isah Abdullahi Jamil in a fundamental rights case filed by Mr. Bello in February 2024. The High Court judge ruled in favor of Mr. Bello, shielding him from arrest and prosecution by the EFCC.
Mr. Bello used the Kogi State High Court’s judgement as an excuse for his absence from court for arraignment.
However, the Court of Appeal described the High Court’s decision as “scandalous” for shielding Mr. Bello from prosecution.
“It is clear that the purpose of the case at the trial court was to shield the respondent Yahaya Bello from his criminal trial,” the Court of Appeal judge ruled.
Mr. Amadi stated that “no court has the power to prevent a law enforcement agent from performing its statutory functions.”
The ruling referenced an earlier decision by another Court of Appeal judge, Olubunmi Oyewole, against Mr. Bello in one of the appeals (CA/ABJ/CV/413/2024) stemming from the fundamental rights suit.
Mr. Amadi ruled that the EFCC’s appeal, prosecuted by external lawyer Jibrin Okutepa, a Senior Advocate of Nigeria, is “meritorious and is therefore allowed.”
The EFCC has made several unsuccessful attempts to bring Mr. Bello to court.
On April 17, it attempted to arrest Mr. Bello at his residence in Abuja based on an arrest warrant issued by the trial court earlier that day.
However, police officers at Mr. Bello’s house in Wuse Zone 4, Abuja, obstructed EFCC operatives.
Mr. Bello was believed to have later escaped in the convoy of his successor, Governor Usman Ododo, whose convoy appeared during the stand-off between EFCC and police operatives.
The anti-graft agency has since declared Mr. Bello wanted.
Source News
