THE Court of Appeal (Abuja Division), on Tuesday, August 20, dismissed two appeals by former Kogi State governor Mr. Yahaya Bello, seeking to stall his arraignment by the Economic and Financial Crimes Commission (EFCC) on a N80 billion money laundering charge and ordered him to make himself available for arraignment.
The three-man panel of the court, comprising Justice H. A Barka, Justice S. A. Bola and Justice I. K. Amadi, upheld the ruling of a Federal High Court sitting in Abuja that ordered Bello to obey the Administration of Criminal Justice Act (ACJA) and present himself for arraignment, just as it upturned the judgment of a Kogi State High Court in Lokoja restraining the EFCC from prosecuting the former governor on the money laundering charge.
The panel, in a unanimous decision read by Justice Amadi, held that the decision of Justice Isah Jamil, setting Bello free, despite seeing the charge filed by the EFCC, was a scandal.
The court allowed the appeal filed by Chief J. Okutepa (SAN) on behalf of the EFCC against the ruling of Justice Jamil in a fundamental right case filed by Bello in February this year.
During the proceedings, the court adopted the two issues raised by the respondent, agreeing with the submission of the prosecution’s lead counsel, Dr. Kemi Pinheiro (SAN), and held that both of Bello’s appeals lacked merit.
It held that Justice Jamil had the charge in FRN vs. Alh. Bello & Anor, FHC/ABJ/CR/550/2022, in his hand, but still set the respondent free, “under the guise of enforcing his fundamental rights. This is very scandalous.”
Justice Amadi added that it was very clear that the purpose of the case instituted at the trial court was “to shield the respondent, Yahaya Bello, from his criminal trial,” relying on its earlier decision in EFCC vs. Alh. Yahaya Bello (CA/ABJ/CV/413/2024) to reiterate that “no court has the power to preclude a law enforcement agency from performing its statutory functions.”
It agreed with the submissions of the appellant and held that “the appeal is meritorious and is therefore allowed”, adding: “In view of the provision of Section 396(2) of ACJA, the respondent in this appeal, Alhaji 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.”
On the second appeal, the court upturned the ruling of the lower court, ruling that no application of the appellant would be entertained until he presented himself for arraignment, while on the preliminary objection, it held that grounds 5 and 6 of the notice of appeal contained issues of law; hence no leave was required and the preliminary objection was discountenanced.
The court, in addressing the main appeal, 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 consequently dismissed.
On the issue of service of charge, it held that the constitutional provision that an accused person be informed of the charge against him did not specify how the information should be communicated to the Defendant, adding: “What is more, Section 379 of Administration of Criminal Justice Act (ACJA) allows service on the Defendant or his legal practitioner.”
The higher court noted that Bello became aware of the charge already; hence his briefing his legal team, adding: “In view of this, the appeal lacks merit and accordingly dismissed. The decision of the lower court directing service on the Appellant’s lead counsel is thus affirmed.”
The court then made an order, pursuant to Section 396(2) of ACJA, restraining the Appellant from taking any further step/ action in the matter until he presents himself for arraignment in the charge, saying: “The Appellant shall obey the provision of section 396(2) of ACJA by presenting himself for arraignment before taking any further step in the charge.”
Bello, who has been scheduled several times for arraignment before Justice Emeka Nwite on nine counts of money laundering, involving over N80 billion he allegedly diverted from the Kogi State Government’s treasury, had stalled his arraignment by going into hiding, thereby making it impossible for the EFCC to bring him to court.
The former governor skipped five scheduled arraignments on April 18, 23, May 10, June 13 and 27, this year, by mostly filing applications challenging, among others, the EFCC and the court’s power to arraign him, as well as appeals challenging the court’s orders, the last time insisting on being arraigned in Kogi State, where the offence was committed.
