ABUJA — Former Governor of Kogi State, Alhaji Yahaya Bello, has expressed his willingness to appear before the Federal High Court in Abuja to address the 19-count charge filed against him by the Economic and Financial Crimes Commission (EFCC). However, he fears he may be arrested upon his appearance.
Although Bello was conspicuously absent during his scheduled arraignment, a team of his legal representatives briefed the court on his behalf this Tuesday. Mr. Adeola Adedipe, SAN, a member of Bello’s legal team, informed the court of his client’s apprehension regarding an impending arrest.
“The defendant wishes to attend court proceedings but is hesitant due to an outstanding arrest order against him,” Adedipe told the court.
Consequently, the legal team urged the court to revoke the earlier exparte arrest order issued against Bello. Adedipe argued that the arrest warrant was premature, as the charge had not been served to Bello at the time the order was issued. The court had only approved the substituted service of the charge on Tuesday morning.
Bello’s legal team also challenged the legitimacy of the EFCC, claiming that the agency was not constitutionally established. They argued that the EFCC Act should have been ratified by the Houses of Assembly of all 36 states before its enactment by the National Assembly.
“This raises serious constitutional issues and challenges the principles of federalism. As it stands, the EFCC is operating illegally,” Bello’s lawyer asserted.
In response, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, countered the application, urging the court to maintain the arrest order until Bello appears for his arraignment.
“He cannot continue to evade the court while filing multiple applications. The arrest order should remain until he presents himself for the trial. He shouldn’t be heard on this application until he is physically present,” Pinheiro argued.
He further cited Section 396 of the Administration of Criminal Justice Act (ACJA) 2015, stating that the court cannot entertain any application or objection until the defendant is formally arraigned.
However, EFCC assured the court that it would refrain from executing the arrest warrant if Bello’s legal team guarantees his appearance on the next adjourned date.
“If Bello’s lawyer assures the court of his client’s presence at the next hearing, we will not execute the arrest warrant. In fact, I will personally move for its discharge,” Pinheiro added.
EFCC also clarified that the Supreme Court had previously validated its legality. They emphasized that the charges against Bello were not against the state or a legislative body but against an individual accused of misappropriating public funds.
“The charges pertain to alleged money laundering, including the purchase of properties in Lagos and Maitama, as well as transferring funds abroad,” EFCC stated.
