The integrity of the judiciary was once again called into question yesterday with two courts of coordinate jurisdiction giving conflicting orders on the arrest and prosecution of former Governor Yahaya Bello of Kogi State.
While Justice Emeka Nwite of a Federal High Court in Abuja ordered his arrest and prosecution, another court in Lokoja, the Kogi State capital restrained the Economic and Financial Crimes Commission (EFCC) from arresting him.
Justice I.A Jamil of the state high court, in Suit No HCL/68/M/2020, stopped the EFCC from arresting, harassing, intimidating and prosecuting him.
Justice Nwite had issued a warrant of arrest on the immediate-past former governor but the Kogi court issued a counter order.
Nwite issued the warrant following an ex-parte motion filed by the commission on April 17, 2024.
In the motion marked FHC/ABJ/CR/98/2024, the anti-graft agency prayed the court to serve Bello the charges and the proof evidence on the defendant through a substituted means.
The EFCC also sought an order seeking the immediate arrest of Bello for arraignment.
In his ruling on the motion, Justice Nwite ordered the immediate arrest of the former governor of Kogi State. He also directed that the former governor be produced before him on Thursday April 18 for arraignment.
However, a Kogi State High Court sitting in Lokoja also yesterday restrained the EFCC from arresting, detaining and prosecuting the former Kogi governor.
Justice I.A Jamil gave the order in a two-hour judgment he delivered in Suit No HCL/68/M/2020 in Lokoja on Wednesday.
The judge held that infringing on the fundamental human rights of the former Kogi is null and void.
“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant. This is a definite order following the earlier interim injunction given,” he said.
Bello had filed a case of a breach of his fundamental human rights by the anti-graft agency before the state high court.
The former governor had prayed for an order restraining the EFCC from arresting, detecting and prosecuting him unjustly. He sought the enforcement of his fundamental right against the EFCC.
Consequently, the court restrained the respondents from persecuting the applicant, save only when it has reasonable evidence upon proper investigation.
On the issue of jurisdiction as challenged by the EFCC, the judge dismissed it.
“This honourable court has jurisdiction to entertain this application. Therefore, the substantive issues of fundamental human rights sought by the applicant succeeds,” he declared.
Speaking to newsmen, Bello’s counsel, S.A. Abbas and MS Yusuf, described the judgement as a landmark and a victory for the judiciary.
Call EFCC To Order, Yahaya Bello Media Office Urges Tinubu
Meanwhile, the media office of Mr Yahaya Bello has asked President Bola Tinubu to call the EFCC to order.
The call, according to them, follows the anti-graft agency’s attempt to enforce the arrest of the former Kogi governor, Yahaya Bello.
A statement by the media office said persons who described themselves as officers of the EFCC on April 17, 2024 arrived at the Wuse Zone 4 residence of Yahaya Bello to effect his arrest.
The statement read: “This is despite a subsisting order of injunction granted on 9th February 2024 by the High Court of Justice, Lokoja Division in Suit No. HCL/68M/2024 between Alhaji Yahaya Bello v. Economic and Financial Crimes Commission, restraining the Commission either by itself or its agents from harassing, arresting, detaining or prosecuting Alhaji Yahaya Bello, pending the hearing and determination of the substantive fundamental rights enforcement action.
It stated that EFCC was duly served with that order on 12th February 2024 and on 26th February 2024 it filed an appeal against the said order to the court of appeal, Abuja division.
“The appeal was accompanied by a Motion for Stay of Execution of the Order of the High Court which the Court of Appeal adjourned for hearing till the 22nd day of April 2024”.
The statement however explained that the judgment in the substantive case between Alhaji Yahaya Bello and the EFCC was to be delivered at noon on April 17, 2024, in Lokoja, but that despite all of the above, the EFCC yesterday laid siege to the home of Bello seeking to arrest him in contravention of the extant orders.
“It is a surprise that an agency led by a lawyer could flagrantly disobey a subsisting court order by taking actions contrary to the reliefs granted”.
It went on: “Nigerians have perceived the desperation of the anti-graft agency to embarrass and harass the former governor by all means through spurious allegations, especially the latest one dating back to September 2015, way before he assumed office.
“We are aware that there are clandestine moves to correct the error but with even more questionable allegations, which would embarrass the Commission and Nigeria more than the initial one.”
“This is a big dent on the fight against corruption. He who comes to equity must come with clean hands. We call on President Bola Ahmed Tinubu to call the EFCC to order in the interest of legal sanity,” it added.
