A senior advocate of Nigeria and human rights activist, Femi Falana, has disclosed reasons why former Kogi Governor, Yahaya Bello, cannot escape the claws of the Economic and Financial Crimes Commission.
The legal expert, on Wednesday anchored his assertion while referencing section 35(1)(c) of the Nigerian Constitution, which he stated allows law enforcement agencies, including the police and anti-graft bodies, to arrest a suspect when there is reasonable suspicion of a criminal offense.
Falana’s reaction came on the heels of the declaration by the former governor that the EFCC had disobeyed a court order by attempting to arrest him to answer the charge of the alleged N84bn theft.
Falana argued that the legal basis for the court’s ruling is flawed and opposes established legal precedents, according to the Punch.
He emphasized that a High Court’s order should not impede another court of the same level from proceeding with a trial.
“By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.”
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him.”
“In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.”