*Agency tells court it may engage military to effect his arrest
*Fagbemi says obstructing justice not allowed
*Police withdraw security, immigration sends signal, puts him on watchlist
Kingsley Nwezeh and Alex Enumah in Abuja
In a first of its kind, the Economic and Financial Crimes Commission (EFCC), yesterday, declared a former governor of Kogi State, Yahaya Bello, wanted in connection with alleged case of money laundering to the tune of N80.2 billion.
Earlier, the EFCC had informed a Federal High Court, Abuja, of the possibility of engaging the Nigerian Army in effecting the arrest of Bello, if it considered it an option.
This was as the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has warnedBello, that taking flight from the law would not resolve issues and therefore advised him to toe the part of decency by honouring the EFCC invitation.
Fagbemi, who expressed disappointment in how those in authorities misused their powers to shield persons of interest, however, warned against obstructing security agencies in the discharge of their statutory mandate.
Also, last night, the police, announced the withdrawal oftheir men securing Bello and also sent signals round to that effect.
At the same time, the Nigeria Immigration Services, has also put Bello on the watchlist of persons not allowed to travel through any of the country’s borders, as an individual declared wanted by the EFCC.
But Bello’s lawyer, AbdulWahab Mohammed, objected to the arraignment of his client before the Federal High Court Abuja, on grounds of jurisdiction, saying he was not a fugitive as the commission has made it seem.
The latest latest development followed the botched effort by the anti-graft agency to carry out the orders of a Federal High Court, Abuja, which granted a warrant for the arrest of the fleeing former governor.
Based on the orders, EFCC had Wednesday stormed the Abuja residence of Bello, to arrest and produce him in court, to enable him answer to alleged money laundering to the tune of over N80 billion.
But Bello was said to have escaped arrest when his successor, Usman Ododo, allegedly used his position as governor to shield him from arrest.
However, declaring Bello wanted, a notice of declaration issued by the EFCC stated that Bello was wanted in connection with alleged case of money laundering to the tune of N80.2 billion.
The anti-graft agency, had, in pursuit of its investigation into the allegations of diversion of N80.2 billion against the former governor, laid siege to his Zone 4, Abuja residence, in a bid to arrest him.
The operatives of EFCC later clashed with the security personnel guarding Bello’s successor, Ododo, who went to visit his predecessor at the height of the arrest drama.
In the notice of declaration, the EFCC stated: “The public is hereby notified that Yahaya Adoza Bello (former Governor of Kogi State), whose photograph appears above is wanted by the Economic and Financial Crimes Commission (EFCC) in connection with alleged case of Money Laundering to the tune of N80,246,470.089.88.
“Bello, 48-year old Ebiraman is a native of Okenne Local Government of Kogi State. His last known address is: 9, Benghazi Street. Wuse Zone 4, Abuja.
“Anybody with useful information as to his whereabouts should please contact the Commission in its Ibadan, Enugu, Kano, Lagos. Gombe, Port Harcourt and Abuja offices of through these numbers 09-9044751-3, 08093322644, 08183322644, 07026350721-3, 0706350724-5; its e-mail address: info@efccnigeria.org of the nearest Police Station and other security agencies,” it said.
Yesterday, the EFCC, had informed a Federal High Court, 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, 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, were his nephew, Ali Bello, who is the Chief of Staff to incumbent Governor Ododo, one Dauda Suleiman and Abdulsalam Hudu.
The anti-graft agency accused the trio of laundering the total sum of N80,246,470,088.88, belonging to the state.
However, they could not effect Bello’s arrest following the intervention of Ododo, who was said to have used his immunity shield to aid Bello’s escape.
When the matter was called, EFCC’s counsel, Mr Kemi Pinheiro, SAN, who narrated the ordeal of his client at arresting the defendant, added that the Commission was aware that the defendant was being shielded in the home of a person that has immunity.
While pointing out that immunity was only attached to a person, not his house or car, the senior lawyer argued that the law allowed 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,” Pinheiro 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.
But 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 judgement,” Mohammed said.
He, however, declined to receive service on behalf of his client, stating that he did not have his authority to accept service of the charges and proof of evidence.
Justice Nwite, who stated that he was yet to read the Kogi State High Court judgement, said to have been delivered on Wednesday, held that all parties including the former governor had to be formally invited before the court.
The judge, in addition, pointed out that the EFCC had the powers to arrest a suspect or defendant even without a warrant of arrest, and 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.”
AGF: Running from Law Won’t Resolve Issues
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has warned Bello, that taking flight from the law would not resolve issues for him.
He, therefore, advised the embattled governor to toe the part of decency by honouring the EFCC invitation.
The AGF, while reacting to the development, expressed disappointment in how those in authorities misused their powers, and warned against further obstruction of security agencies in the discharge of their statutory mandate.
According to him, government officials, no matter how highly placed, should not be involved in carrying out unlawful acts detrimental to the law.
In a statement in Abuja, the minister said, “The bizarre drama confronting the Economic and Financial Crimes Commission (EFCC) in the course of its efforts to perform its statutory duty has come to my notice (Attorney General of the Federation and Minister of Justice) as a matter of very grave concern.
“It is now beyond doubt that the EFCC is given power by the law to invite any person of interest to interact with them in the course of their investigation into any matter regardless of status.
“Therefore, the least that we can all do when invited, is not to put any obstruction in the way of EFCC but to honourably answer their invitation,” Fagbemi said.
He lamented that a situation, where public officials, who themselves were subject of protection by law enforcement agents set up a stratagem of obstruction to the civil and commendable efforts of the EFCC to perform its duty, is to say the least, insufferably disquieting.
He stressed that a flight from the law would not resolve issues at stake but would only exacerbate it.
“I state unequivocally that I stand for the rule of law and will promptly call EFCC and indeed any other agency to order when there is indication of any transgression of the fundamental rights of any Nigerian by any of the agencies.
“But I also tenaciously hold the view that institutions of state should be allowed to function effectively and efficiently. Nigeria has a vibrant judicial system that is capable of protecting everyone, who follows the rule of law in seeking protection.
“I, therefore, encourage anyone who has been invited by the EFCC or any other agency to immediately toe the path of decency and civility by honouring such invitation instead of embarking on a temporising self-help and escapism that can only put our country in bad light before the rest of the world,” the statement added.
Police Withdraw Yahaya Bello’s Security, Immigration Places Him on Watchlist
The Nigeria Police, yesterday, ordered the withdrawal of orderlies attached to former Kogi State Governor, Yahaya Bello, just as the Nigerian Immigration Service (NIS) placed him on a watchlist.
A police wireless message issued by the Assistant Inspector-General of Police in charge of Mobile Police, Force Headquarters, Abuja, to the Mobile Police Command (Mopol 37, Lokoja) said the police orderlies attached to Bello should be withdrawn immediately.
“Police has ordered the withdrawal of all your men attached to His Excellency, Alhaji Yahaya Bello, former Executive Governor of Kigi State.
“All to acknowledge compliance. Treat with utmost importance. Above for your information and strict compliance, please,” the signal stated.
On its part, the immigration, in a letter signed by ACI DS Umar, informed all zonal coordinators and control posts that the former Kogi governor was now on a watchlist.
“I am directed to inform you that the above named person has been placed on watch list.
“Suffice to mention that the subject is being prosecuted before the Federal High Court Abuja for conspiracy, breach of trust and money Laundering vide letter Ref; CR; 3000 /EFCC/LS/EGCS.1/TE/V 1/279 dated 18th April 2024.
“If seen at any entry or exit point, he should be arrested and referred to Director of Investigation or cantact 08036226329 /07039617304 for further action. Please accept as always.the Comptroller-General’s warmest regards and esteem,” the instruction letter disclosed.
