The legal fireworks begin following the EFCC’s attempt to bring ex-Governor Bello to justice

The legal battle over the legality of the Economic and Financial Crimes Commission (EFCC) bid to summon ex-Kogi State Governor, Yahaya Bello, over alleged N80.2 billion fraud will commence on Monday at the Court of Appeal in Abuja , while the Court of Appeal is expected to hear the case EFCC’s application, which seeks to quash the interim order of the Kogi State High Court.

This is just as Justice Emeka Nwite of the Federal High Court in Abuja is expected to deliver his ruling on the EFCC petition on Tuesday, asking the court to grant an order to effect substituted service of charge on Yahaya Bello.
Justice Isa Abdullahi of the Kogi State High Court had on February 9, 2024, issued an interim restraining order against the commission from taking any action against Bello, pending the determination of the substantive issue.
But the EFCC later approached the Court of Appeal on March 11, 2024, asking the appellate court to quash the interim restraining order.

The EFCC further informed the court of appeal that the lower court had no jurisdiction to help Bello escape the deserved vengeance of the law, saying Bello could not use the lower court to escape invitation, investigation and possible prosecution .

According to ECCC, any orders made where the court lacks jurisdiction are void. We therefore most respectfully urge this court to grant this appeal and set aside the trial court’s interim orders dated February 9, 2024 in the interest of justice.”

But the hearing of the EFCC’s appeal on the interim order will also face fierce legal arguments as the Kogi High Court on Wednesday, April 17, 2024, delivered its substantive judgment in the case and directed the commission to seek leave to the Court of Appeal. before taking further action against Bello.

The development indicates that the EFCC will have to appeal the new substantive judgment and obtain the judgment of the Court of Appeal before it can proceed with any action against Yahaya Bello.

It is instructive to note that Justice Abdullahi in his latest judgment held as follows: “Looking at the orders sought by the applicant (Yahaya Bello), I am inclined to grant them subject to some modifications which in my opinion opinion will meet the court’s requirements. of this case, in the following terms;

1. An order is hereby issued to enforce the applicant’s fundamental rights to liberty, freedom of movement and fair trial, by restraining the respondent (EFCC) himself, his agents, servants or secrets from continuing to harass, threaten to arrest or detain to hold, or in any manner arrest, detain or prosecute the applicant on the basis of the criminal prosecution now pending before the Federal High Court, namely Abuja; Complaint No. FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor, without prejudice to the jurisdiction of the said Federal Supreme Court, to issue such order as it deems just in determining the rights of the The applicant and the respondent may be submitted to it for consideration and determination.
3. An order is hereby granted directing the respondent to present to the said Federal High Court, or such applicable court, any criminal charge, accusation or complaint in respect of which the applicant may reasonably be believed to have committed an offense falling under falls within its jurisdiction. , provided that the respondent shall not invite, arrest or detain the applicant based on a reasonable belief that the applicant has committed a financial crime, without first obtaining permission from a superior court, especially having regard to the respondent’s history in the manner in which it managed its agreements with the applicant.”