The Court of Appeal in Abuja has overturned a Kogi State High Court decision that restrained the Economic and Financial Crimes Commission from arraigning former Kogi State governor, Yahaya Bello, on an N80 billion money laundering charge.
In a unanimous decision, the three-man panel of the appellate court, led by Justice I. Amadi, described the lower court’s decision as “a scandal.” The justices held that the decision of Justice Isah Jamil, which set Bello free despite seeing the charge filed by the EFCC, was incorrect.
The court stated: “The learned trial judge 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: “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.'”
The court relied 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.”
The court allowed the appeal filed by Chief J. Okutepa, SAN, on behalf of the EFCC and ordered Bello to present himself for arraignment.
The court stated: “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.”
