Alex Enumah in Abuja
The Economic and Financial Crimes Commission (EFCC), on Thursday informed a Federal High Court in Abuja, of the possibility of engaging the Nigerian Army in effecting the arrest of former Kogi State Governor, Yahaya Bello.
The anti-graft agency observed that the decision was sequel to a botched attempt to arrest Bello at his Abuja residence on Wednesday.
Following an exparte order by Justice Emeka Nwite of the Federal High Court, Abuja, the personnel of the commission had laid siege to the former governor’s house in the Wuse Area of the Federal Capital Territory (FCT).
Nwite had, in the ruling, ordered the EFCC to arrest Bello and produce him in court on Thursday, April 18, for arraignment.
Others to be arraigned alongside Bello, according to the 19-count criminal charge are his nephew, Ali Bello, who is the Chief of Staff to incumbent Governor Usman Ododo, one Dauda Suleiman and Abdulsalam Hudu.
Specifically, the anti-graft agency is accusing the trio of laundering a total sum of N80,246,470,088.88, belonging to the state.
However, they could not effect the arrest following the intervention of the current Kogi State Governor, Ododo, who allegedly used his immunity shield to aid Bello’s escape.
When the matter was called, EFCC’s counsel, Mr Kemi Piniero (SAN), who narrated the ordeal of his client at arresting the defendant, added that the commission was aware that the defendant is being shielded in the home of a person that has immunity.
While pointing out that immunity is only attached to a person, not his house or car, the senior lawyer argued that the law allows Nigerian security agencies to break into a house to arrest a defendant.
“If he is unwilling to produce his client in court, we will invite other security agencies including the Nigerian Army to produce him,” Piniero stated, while urging the court to allow them return next week for the arraignment of the three defendants.
In addition, the senior lawyer urged the court to compel Bello’s lawyer to accept service of the processes, since it has been impossible to serve the charge sheet personally on the defendant.
Responding, Bello’s lawyer, AbdulWahab Mohammed, objected to the arraignment of his client before the Federal High Court Abuja on grounds of jurisdiction.
While arguing that his Notice of Preliminary Objection must be taken before any other motion, he faulted the warrant of arrest issued against his client.
“The governor has a lawyer in court and if there is a justifiable issue for him to come to court, he would.
“Our contention is that the defendant on record is not a fugitive. We are talking of rule of law, not rule of force.
“We are contending that the warrant of arrest was given outside jurisdiction because there is a judgment,” Mohammed said.
Meanwhile, he declined to receive service on behalf of his client, stating that he does not have the authority of Yahaya Bello to accept service of the charges and proof of evidence.
Reacting, Justice Nwite, who stated that he was yet to read the Kogi State High Court judgment said to have been delivered on Wednesday, held that all parties including the former governor has to be formally before the court.
The judge in addition pointed out that the EFCC has the powers to arrest a suspect or defendant even without a warrant of arrest.
He subsequently adjourned to April 23 for ruling and arraignment.
Part of the charge against the defendants read: “That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu (still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this honourable court, conspired amongst yourselves to convert the total sum of N80,246,470,088.88 (eighty billion, two hundred and forty six million, four hundred and seventy thousand and eight nine naira, eighty eight kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended”
“That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this honourable court aided E-Traders International Limited to conceal the aggregate sum of N3,081,804,654.00 (three billion, eighty one million eight hundred and four thousand six hundred and fifty four naira) in account number 1451458080 domiciled in Access Bank Plc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
“That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this honourable court indirectly procured E-Traders International Limited to transfer the aggregate sum of $570,330.00 (five hundred and seventy thousand, three hundred and thirty dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.”
