The Court of Appeal sitting in Abuja, Tuesday, overturned the decision of a Kogi State High Court which purported to restrain the Economic and Financial Crimes Commission (EFCC) from prosecuting former Kogi State Governor Mr. Yahaya Bello on an N80 billion money laundering charge.
The three-man panel of the appellate court, in a unanimous decision read by Justice I. K Amadi, held that the decision of the judge of the lower court, Justice Isah Abdullahi Jamil which set Bello free despite seeing the charge filed by the EFCC, was a scandal.
The justices, comprising Justice H. A Barka, Justice S. A Bola and Justice I. K Amadi ordered Bello to obey the Administration of Criminal Justice Act (ACJA) and present himself for arraignment.
The court allowed the appeal filed by Chief J.S. Okutepa SAN on behalf of the EFCC against the judgment of Justice Jamil in a fundamental right case filed by Bello in February 2024.
The appeal is marked NO:CA/ABJ/CV/412/2024.
Bello is scheduled for arraignment before Justice Emeka Nwite on nine counts of money laundering involving over N80 billion, which he allegedly diverted from the Kogi State Government’s treasury.
However, since filing the charges, the EFCC has not been able to bring him to court.
Bello went into hiding and snubbed five court sessions scheduled for his arraignment on 18 April, 23 April, 10 May, 13 June, and 27 June, by mostly filing several applications challenging, among others, the EFCC and the court’s power to arraign him.
He also filed appeals challenging the court’s orders insisting on his arraignment, but the justices held among others that Bello’s Preliminary Objection to the charge was not sustainable.
During the proceedings l, the Court adopted the two issues raised by the Respondent.
It 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 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 Court 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, thus: “In view of the provision of Section 396(2) of ACJA, the Respondent in this appeal; ALH. 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.”
The second appeal was similarly decided with the court deciding in the EFCC’s favour, the appeal against the ruling of the lower court that no application of the Appellant would be entertained until he presented himself for arraignment.
On the preliminary Objection, the court was of the view that grounds 5 and 6 of the Notice of Appeal (NOA) contained issues of law hence, no leave was required. The Preliminary Objection was thus discountenanced.
The Court in addressing the main appeal held that in view of section 396(2) of ACJA, “no objection to the validity of the charge shall be entertained until arraignment of the defendant.”
The Appeal was consequently dismissed.
