*He Should Clear His Name In Court, As Ex-Gov Again Shuns Arraignment
AMID the controversy surrounding its hide and seek with a former governor of Kogi State, Yahaya Bello, the Economic and Financial Crimes Commission (EFCC), has filed fresh corruption charges against former governor, who it had earlier declared wanted for over a N82million money laundering charge.
Bello has been evasive and shunned summons several times by failing to appear physical for arraignment in the money laundering case against him by the EFCC pending before Justice Emeka Nwite of the Federal High Court, Abuja.
This time, EFCC is accusing Bello of dishonestly diverting over N110billion from the Kogi State Government’s treasury during his eight years as governor.
The fresh 16-count charge, filed at the Federal Capital Territory (FCT) High Court in Abuja on Tuesday, September 24, along with Umar Shuaibu Oricha and Abdulsalami Hudu as co-defendants, include criminal breach of trust, involving alleged diversion of over N110billion entrusted in his care as Kogi State governor, which they allegedly diverted in his first year in office 2016.
His absence at the resumed date of his scheduled arraignment at the Federal High Court in Abuja on Wednesday was the seventh time he shunned the court since EFCC’s attempt to arraign him in April.
To stall his trial, Bello had filed a fundamental human rights case and a contempt case at the Kogi State High Court and secured an injunction against his arrest; written to the Chief Judge of the Federal High Court to transfer the case from Abuja to Lokoja; filed several applications, urging Justice Nwite to halt the trial; as well as filed appeals at the Court of Appeal in Abuja to stop the trial.
The Court of Appeal, Abuja Division, had in a recent judgment, affirmed EFCC’s authority to prosecute him and ordered him to surrender to the Federal High Court for arraignment.
Yet, the former governor again failed to appear in court for his arraignment, with his lawyer citing a new appeal filed at the Supreme Court challenging the Court of Appeal’s judgment.
Before now, Bello, precisely on September 18, accompanied by his successor and political godson, Governor Usman Ododo, and retinue of security aides, visited the headquarters of the EFCC in Abuja, but was allowed to return without being interrogated.
It was gathered that EFCC operatives turned back Bello and Ododo at the agency’s car park, and later issued a statement, clarifying that Bello was not in its custody and remained wanted for alleged money laundering, breach of trust and misappropriation to the tune of N80.2billion.
On September 19, the anti-graft agency attempted to arrest him at the Kogi State Government Lodge in Abuja, leading to an exchange of fire by security personnel attached to both parties.
Bello’s media office alleged that EFCC operatives laid siege to the Kogi Government Lodge, Abuja, in a bid to forcefully arrest the former governor hours after his visit.
At the resumed court session on Wednesday, EFCC’s lead prosecution Counsel, Kemi Pinheiro, said Bello’s appearance at the EFCC car park was “out of place,” adding that he was holding the hands of Ododo, who enjoys immunity, at the EFCC premises.
He said the EFCC had written to Bello’s lawyers that the former governor should appear in court and that the arraignment would not take place in its office.
Pinhero urged Justice Nwite to exercise his powers and show to Bello’s Counsel, Abdulwahab Mohammed, that the court was not a “vaudeville for entertainment, but for serious business.”
He stated: “There is nowhere my Lordship or the Court of Appeal ordered that Yahaya Bello present himself at the EFCC car park, but rather to appear before my Lordship for arraignment.
“What is even more worrisome and disconcerting is that the defendant went to the EFCC car park holding the hands of a person with immunity, who came with all the full security of his office.
“The implication, my Lord, is if there was an attempt to get him from the person of immunity, there would be an invitation to anarchy.
“The invitation by the EFCC later in the day for Yahaya Bello to come alone, not with a person with immunity, security persons and other people, was resisted again on their own admission.”
Mohammed, on his part, appealled to the court not to charge the defence team for contempt, but grant the prayers in their application.
He said: “Our application is filed on the 18th of July 2024, it is supported by an 11-paragraph affidavit deposed to by the applicant, Mr. Adeola Adedipe. That affidavit has an exhibit marked A, and in compliance with my Lord, is a written address.
“We are urging my Lord to exercise his discretion. We are on bended knees, begging you to exercise your discretion and grant the prayers that are contained in the affidavit.”
After listening to the arguments, Justice Nwite said it was “quite unfortunate” that the arraignment, which was scheduled five months ago, was yet to commence.
He said he will reserve his judgment on the submission of both Counsels, and adjourned the matter until October 30 for arraignment and ruling.
Meanwhile, the EFCC has advised Bello to quit playing victim and clear the allegations preferred against him in court.
EFCC spokesperson, Dele Oyewale, said in a statement that Bello must have his day in court, no matter the “recourse to blackmail, appeal to emotive public sympathy or acts of brigandage.”
According to the statement: “Bello should be more interested in clearing his name than playing the victim and crying persecution where none exists.
“To even insinuate that he was the target of a phantom assassination attempt because the EFCC made efforts to effect his arrest at the Kogi State Governor’s Lodge, where he had been hiding, is preposterous.
“But EFCC is not deterred by this and other shenanigans by the ex-governor. The Commission remains committed to ensuring that the law takes its course in the money laundering charges already filed against Bello in court.
“EFCC is eager to engage the former governor in the courtroom, where the avalanche of evidence so painstakingly assembled can be presented and arguments marshalled for justice to be served to all parties involved in this saga.
“The true test of Bello’s willingness to abide by the law in the criminal proceedings instituted against him at the Federal High Court, Abuja, by the EFCC is to present himself to the court in obedience to the order of Justice Nwite.
“His presence in court is the only step that will convince Nigerians that his touted submission to the EFCC, which was widely reported in the media on September 18, was not a stunt.”
The agency said it was ready to engage him in court and that like other indicted former ministers, ex-governors, several top government officials, captains of industries, Internet fraudsters facing trial, Bello would not be an exemption, as the EFCC would continue with its no sacred cow policy, no matter whose ox is gored..
Oyewale said since the former governor would not submit himself to EFCC office for questioning, “the appropriate place of surrender would be before Justice Nwite, before whom his legal team had undertaken to produce him to answer to the 18-count money laundering charges preferred against him.
“The EFCC is not unaware of the fact that corruption fights back. Bello must have his day in court, no matter the recourse to blackmail, appeal to emotive public sympathy or acts of brigandage.
“The EFCC is not running a circus show; corruption issues should not be turned into a theatre of the absurd.”
