From Fred Itua and Godwin Tsa, Abuja
The Economic and Financial Crimes Commission (EFCC) said it will arraign former Kogi State governor, Yahaya Bello, before the Federal High Court, Abuja, today.
Bello will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80, 246,470, 088.88.
Count one of the charges reads: 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, 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.”
Count 17 of the charges read: “That you, Yahaya Bello, between July 26, 2021 to April 6, 2022, in Abuja, within the jurisdiction of this honourable court, aided E-Traders International Limited to conceal the aggregate sum of N3081,804,654.00 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.”
Count 18 of the charges read: “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 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.”
The commission’s attempt to execute the warrant of arrest lawfully obtained against Bello met stiff resistance yesterday. The security cordoned around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo, who ensured that the suspect was spirited away in his official vehicle.
“As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024. It is needful to state that Bello is not above the law and would be brought to justice as soon as possible,” the statement read.
Meanwhile, two courts, yesterday, issued contrasting orders in the case involving the EFCC and Bello. The Federal High Court, Abuja, had ordered that a warrant be issued to the EFCC for immediate arrest of the former Kogi governor.
Justice Emeka Nwite, in a ruling on EFCC’s ex parte motion, held that after listening to the submission of commission’s counsel, Rotimi Oyedepo, SAN, and reading the affidavit in support of the motion, including the exhibits and written address, he was inclined to grant the application.
Conversely, the High Court in Lokoja, Kogi State, also, yesterday, restrained the EFCC from arresting, detaining and prosecuting Bello. Justice I. A. Jamil, who gave the order in a two-hour judgment delivered in suit no HCL/68/M/2020, held that infringing on Bello’s fundamental human rights “is null and void”.
The judge, who dismissed the commission’s application challenging the jurisdiction of the court, said: “By this order, the EFCC is, hereby, restrained from arresting, detaining and prosecuting the applicant. This is a definite order following the earlier interim injunction given.”
However, in a ruling delivered by Justice Nwite, yesterday, the judge ordered that a warrant be issued to the commission for Bello’s immediate arrest. He also directed that the former governor be produced before the court on April 18 for arraignment.
“It is, hereby, ordered as follows: That an order of this honourable court is, hereby, made directing and/or issuing a warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment. That case is adjourned to April 18, 2024 for arraignment,” he declared.
The EFCC, in the motion ex parte marked: FHC/ABJ/CR/98/2024, dated April 16 and filed April 17, sought six orders. They include: “An order granting leave to the complainant/applicant to effect service of the charge together with the proof of evidence on the defendant by substituted means to wit; by pasting the charge at the last known address of the defendant within the jurisdiction of this honourable court being: 9, Benghazi Street, Wuse Zone 4, Abuja.
“An order directing and/or issuing an arrest warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.”
In the alternative, the anti-graft agency sought an order issuing and directing the publishing of a public summons requiring/commanding the defendant to appear before the court on a named date, among others.
The conflicting orders came after the EFCC had appealed against the initial order, and the appeal was scheduled for hearing on April 22, in Appeal No: CA/ABJ/CV/175/2024 between EFCC and Alhaji Yahaya Bello. The Yahaya Bello Media Office had, in a statement signed by Onogwu Mohammed, raised the alarm over alleged siege to the former governor’s Abuja residence.