The Court of Appeal in Abuja, on Tuesday, August 20, 2024, issued a decisive ruling compelling former Kogi State Governor, Yahaya Bello, to present himself before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja. This order mandates Bello’s appearance for arraignment before any further legal proceedings can occur in his ongoing case.
This ruling forms a crucial part of a unanimous judgment delivered by Honorable Justice I.K. Amadi, representing the panel of Appeal Court Justices. The decision came in response to an appeal filed by Senior Advocate of Nigeria, J.S. Okutepa, on behalf of the Economic and Financial Crimes Commission (EFCC). The appeal challenged an earlier judgment by Justice Isah Abdullahi Jamil of the Kogi State High Court, which had ruled in favor of Bello in a fundamental rights case initiated in February 2024 concerning his prosecution by the EFCC.
The Appeal Court Justices strongly criticized the Kogi State High Court’s decision to exempt Yahaya Bello from EFCC’s prosecution, labeling it as “scandalous.” They further stated that the case filed at the trial court was clearly intended to shield Bello from criminal prosecution. Drawing on a prior ruling by Justice Oyewole in the case of EFCC vs Yahaya Bello (CA/ABJ/CV/413/2024), the Justices reaffirmed that no court has the authority to prevent law enforcement agencies from executing their statutory duties.
In their judgment, the Justices upheld the EFCC’s appeal to quash Justice Jamil’s judgment, deeming it “meritorious and therefore allowed.” They emphasized the need for adherence to legal provisions, specifically Section 396(2) of the Administration of Criminal Justice Act (ACJA), and ordered Bello to appear in court for his arraignment as a prerequisite for any further legal actions in his trial.
The court’s ruling explicitly states, “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.”
Yahaya Bello is currently facing prosecution by the EFCC alongside his nephew, Ali Bello, as well as Dauda Suleiman and Abdulsalam Hudu. The charges include 19 counts related to money laundering, involving a staggering sum of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, Eighty-nine Naira and Eighty-eight Kobo). Despite numerous attempts by the EFCC, Bello has consistently refused to enter a plea in the case.
This ruling by the Court of Appeal underscores the judiciary’s commitment to ensuring that justice is served, and reinforces the principle that no individual, regardless of status, is above the law.
