THE attempt by the Economic and Financial Crimes Commission (EFCC) to arraign immediate governor of Kogi State, Yahaya Bello, took a twist on Thursday, April 18, when a Federal High Court in Abuja, on Wednesday, April 17, ordered that a warrant be issued for Bello’s immediate arrest.
Justice Emeka Nwite, in a ruling on EFCC’s ex-parte motion, held that after listening to the submission of Commission’s counsel, Rotimi Oyedepo (SAN) and reading the affidavit in support of the motion, including the exhibits and written address, he was inclined to grant the application.
Earlier, another court of concurrent jurisdiction, a State High Court, sitting in Lokoja, the Kogi State capital, on the Wednesday, restrained the EFCC from arresting, detaining and prosecuting Bello.
Justice I. A. Jamil, who gave the order in a two-hour judgment delivered in suit no HCL/68/M/2020, held that infringing on Bello’s fundamental human rights “is null and void.”
The Judge, who dismissed the Commission’s application, challenging the jurisdiction of the court, said: “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.”
However, Justice Nwite directed that the former governor be produced before the court on April 18 for arraignment.
The Judge ruled: “That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.
“That case is adjourned to 18th day of April, 2024 for arraignment.”
The EFCC, in the motion ex-parte, marked: FHC/ABJ/CR/98/2024, dated April 16 and filed April 17, sought six orders, including “an order granting leave to the complainant/applicant to effect service of the charge together with the proof of evidence on the defendant by substituted means to wit; by pasting the charge at the last known address of the defendant within the jurisdiction of this honourable court being: 9, Benghazi Street, Wuse Zone 4, Abuja.
“An order directing and/or issuing an arrest warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.”
In the alternative, the Commission sought an order issuing and directing the publishing of a public summons requiring/commanding the defendant to appear before the court on a named date, among others.
The conflicting orders came after the EFCC had appealed against the initial order, which was scheduled for hearing on April 22, in Appeal No: CA/ABJ/CV/175/2024 between EFCC and Alhaji Yahaya Bello.
