Human Rights lawyer, Mr Femi Falana SAN, on Wednesday, mentioned no courtroom of legislation can forestall the Financial and Monetary Crimes Fee from prosecuting the previous governor of Kogi state, Yahaya Bello, over alleged theft of N84bn from the coffers of the state.
Falana’s response got here on the heels of the declaration by the previous governor that the EFCC had disobeyed a courtroom order by trying to arrest him to reply the cost of the alleged N84bn theft.
Falana, in a press release he signed, mentioned the transfer by the EFCC was tenable as Bello had misplaced his immunity from arrest and prosecution.
“As a former governor, Mr. Yahaya Bello has misplaced his immunity from arrest and prosecution. No courtroom can confer a life immunity on a former governor in Nigeria,” Falana asserted.
Talking additional, the human rights lawyer mentioned the Supreme Court docket had identified that the order of a Excessive Court docket to the impact {that a} legal suspect shouldn’t be arrested can’t bar a courtroom of coordinate jurisdiction from attempting him.
Citing the case of Orji Kalu versus the Federal Republic of Nigeria (2016) 39 WRN 53, the place the Appellant challenged the EFCC for charging him earlier than the Federal Excessive Court docket regardless of the order of the Excessive Court docket of Abia State restraining the anti-graft company from violating his basic proper to private liberty.
“In dismissing the enchantment, the Supreme Court docket mentioned that the “gagging order” shouldn’t be allowed to face and that “The go well with of the Appellant at Abia State Excessive Court docket and the overall and ambiguous order made therein had been clearly supposed to ‘muzzle’ or forestall the first Respondent from discharging its statutory operate,” Falana recalled.
Talking additional, Falana suggested that the Inspector Common of Police, Kayode Egbetokun, withdraw cops connected to Bello’s residence.
“Due to the foregoing, the cops who prevented the Financial and Monetary Crimes Fee from arresting the suspect have dedicated a grave legal offence. The Inspector-Common of Police, Dr. Kayode Egbetokun ought to withdraw the mentioned cops from the non-public residence of Mr. Bello with none delay and have them charged for obstruction of justice,” he mentioned.
Operatives of the EFCC on Wednesday barricaded the Abuja dwelling of Bello.
The home of the previous governor, who has been having a operating battle with the EFCC earlier than ending his tenure as governor in January, is positioned on Benghazi Road in Wuse Zone 4, Federal Capital Territory.
The company’s longtime curiosity in him led to the submitting of N10 billion corruption costs in opposition to his nephew, Ali Bello, and a co-defendant for cash laundering on the Federal Excessive Court docket in Abuja.in 2022.
Days after he completed his tenure, the EFCC on 5 February, amended the costs, elevating the variety of counts from 10 to 17 in opposition to the youthful Bello and his co-defendant, Dauda Suleiman, in a trial that dates again to 2022.
The prosecution named Bello in one of many newly-introduced counts as an confederate. However the company has but to cost him as a defendant.
Within the new depend, the anti-graft company accused Bello of cash laundering, breach of belief, and misappropriation of funds to the tune of N84 billion.
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It was learnt that EFCC operatives arrived on the home at about 9.30 a.m. on Wednesday in a bid to impact his arrest.
They later mounted a barricade on the road passing in entrance of the home.
The event drew a crowd to the home.
EFCC has but to touch upon the scenario round the home which has remained the identical as of the time of submitting this report.
