By our Judiciary correspondent, Abuja
The Economic and Financial Crimes Commission(EFCC), Thursday, informed Justice Emeka Nwite of its intention to invite the Nigerian Army to effect the arrest of former Governor of Kogi State, Yahaya Adoza Bello for arraignment before a Federal High Court sitting in Abuja.
The anti-graft agency, through its legal team, issued the threat before the court after explaining how a person of immunity protected Bello from arrest following the court’s bench warrant.
The court had fixed today (Thursday) for arraignment of Bello alongside the ex-governor’s nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charge bordering on money laundering to the tune of N80, 246, 470, 088.88.
When the matter came up, Thursday, EFCC counsel, Kemi Piniero, SAN said in open court that the Commission was aware that Bello is being harboured in the home of a person that has immunity.
He submitted that immunity is only attached to a person, not his house or car, adding that the law allows Nigerian security agencies to break into a house to arrest a defendant.
He said: “If he is unwilling to produce his client in court, we will invite other security agencies including the Nigerian army to produce him.
“We can come next week. We will produce him,” Piniero assured.
Piniero also urged the court to compel the ex-governor’s lawyer to accept service of the processes, explaining that it has been impossible to serve the charge sheet on him personally.
Counsel to Yahaya, Abdul Wahab Mohammed, said that the Abuja division of the court or the EFCC cannot arraign his client.
He contended that his preliminary objection application has to be taken first, but the EFCC came behind him through a motion-exparte to obtain a warrant of arrest.
He said: “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.
“I don’t have the authority of the defendant to accept service of the charges and proof of evidence.”
What the judge said: “The judge said he was yet to read the Kogi state High Court judgment of yesterday.
But the judge held that all parties including the ex-governor had to be formally present before the court, and that the EFCC, without a warrant of arrest, can arrest a suspect or defendant.
He adjourned to April 23 for ruling and arraignment.
In the charge sheet, the anti-graft agency claims the defendants diverted public funds.
Some of the counts 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 (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 BankPlc, 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”.
Bello’s arraignment followed a warrant of arrest and enrolment order granted the EFCC by Justice Emeka Nwite, Wednesday, in the motion ex-parte marked: FHC/ABJ/CR/98/2024 and filed by the EFCC lead counsel, Rotimi Oyedepo.
The EFCC counsel argued that the ex-governor needs to be apprehended by security agencies so as to fasttrack his arraignment in court and immediate trial.
The anti-graft agency maintained that the judge should either order Bello’s arrest or issue a public summons commanding the defendant to appear before the court.
