The Court of Appeal sitting in Abuja has overturned the decision of a Kogi State High Court, which restrained the Economic and Financial Crimes Commission (EFCC) from prosecuting former Kogi State Governor Mr. Yahaya Bello over N80 billion money laundering charge.
In a unanimous decision read by Justice I. Amadi, the three-man panel of the appellate court held that the decision of the judge of the lower court, Justice Isah Jamil, which freed Bello despite seeing the charge filed by the EFCC, was a scandal.
The Justices, Justice H. Barka, Justice S. Bola and Justice I. Amadi ordered Bello to obey the Administration of Criminal Justice Act, ACJA, and show up for arraignment.
The court permitted the appeal filed by Chief J. Okutepa, SAN, on behalf of the EFCC against the judgment of Justice Jamil in a fundamental right case filed by Bello in February.
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.
Meanwhile, the EFCC has not been able to bring him to court since filing the charges.
Bello went into hiding and did not honour five court sessions scheduled for his arraignment on April 18, 23, May 10, June 13, and 27, by filing many applications challenging the EFCC and the power of the court to arraign him.
Also, he filed appeals challenging the court’s orders, insisting on his arraignment, but the justices held that Bello’s preliminary objection to the charge was not sustainable.
During the proceedings, the court adopted the two issues raised by the respondent.
The court held that the trial judge had the charge in FRN vs. Alh. Bello & Anor, FHC/ABJ/CR/550/2022 in his hand, but still freed the respondent, “under the guise of enforcing his fundamental rights. This is very scandalous.”
Justice Amadi added that it was apparent 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 repeat that “no court has the power to preclude a law enforcement agency from performing its statutory functions”
The court agreed with the submissions of the appellant and held that “the appeal is meritorious and is therefore allowed.”
It further held, “In view of the provision of Section 396(2) of ACJA, the respondent in this appeal; Alh Yahaya 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.”
Similarly, the second appeal was 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.
Concerning the preliminary objection, the court was of the view that grounds 5 and 6 of the notice of appeal contained issues of law, so no leave was required. As such, the preliminary objection was discountenanced.
While addressing the main appeal, the court 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 therefore dismissed.
