The Economic and Financial Crimes Commission (EFCC), on Thursday, disclosed it is considering using the military option against Yahaya Bello, former Governor of Kogi State.
Information had reported that Emeka Nwite, Judge of the Federal High Court in Abuja adjourned the case against Bello; Alli Bello, Chief of Staff to Governor Usman Ododo of Kogi and one Daudu Suleiman, to April 23.
The anti-graft agency alleged that the suspects diverted about N100 billion belonging to the State Government.
With Bello absent in the courtroom, the Kogi government said funds belonging to the state were not missing during the administration of the former governor.
EFCC’s counsel, Kemi Pinhero, noted that Bello’s absence from the court was a strategy.
Responding, Abdulwahab Muhammed, Bello’s lawyer, said on February 9, a court issued a restraining order on the arrest and prosecution of the former governor.
He said the restraining order was appealed by the EFCC, adding that the case is still pending and therefore the arrest warrant granted against Bello on Wednesday does not stand.
The lawyer further accused the EFCC of trying to bring the judge on a collision course with the court of appeal.
Muhammed who stated that the court has no jurisdiction on the matter as the case is pending at the Court of Appeal, asked the court to vacate the arrest warrant granted against Bello because the court was “misled.”
According to him, it may lead to anarchy if a court of competent jurisdiction and another court of competent jurisdiction issue opposing orders.
Responding, Pinhero said if the former Governor believes he is innocent, he should appear in court to defend himself, however, if he’s unwilling, measures will be taken against him.
He said section 287 of the constitution allows security agencies, including the military, to produce a person before a court, adding that nobody is above the court or the rule of law.
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Meanwhile, Mohammed disclosed that his client was in Kogi when the EFCC operatives barricaded his Abuja residence on Wednesday.
Muhammed however described the move by the EFCC to lay siege at his residence as “illegal and unconstitutional.”
Recall that Ododo, reportedly “rescued” Yahaya Bello, his predecessor, from the EFCC siege in Abuja hours after he arrived the ex-Governor’s residence.
Lateef Fagbemi, Attorney-General of the Federation (AGF), in reaction, warned against obstructing the EFCC.
In a Thursday statement, Fagbemi said the “bizarre drama” confronting the EFCC as it tries to perform its statutory duty has become a “matter of very grave concern” for him.
He said the EFCC has the power to invite any person of interest, regardless of status, in the course of its investigation into any matter.
His words: “A situation where public officials who are themselves subject of protection by law enforcement agents will 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.
“A flight from the law does not resolve issues at stake but only exacerbates 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.”
