Courts issue conflicting order as the EFCC occupy Yahaya Bello’s home

Kogi State’s governor-elect Yahaya Bello’s home in Abuja is under siege by agents of the Economic and Financial Crimes Commission, or EFCC.

Witnesses report that yesterday morning at around nine in the morning, EFCC agents broke into the ex-governor’s house and have been barricading it ever since.

In front of the residence, a few of the former governor’s supporters were visible.

Remember that Yahaya Bello was charged by the EFCC in mid-March for allegedly diverting approximately N100 billion, an offense that was allegedly committed months before to his September 2015 appointment as governor.

Yahaya Bello, the governor of Kogi State’s chief of staff, Alli Bello, and a man named Daudu Suleiman—who was re-arrested by the anti-graft agency before Justice James Omotoso of the Federal High Court, Abuja—were all parties to the amended lawsuit that the EFCC had joined.

The Kogi State Government criticized the anti-graft agency and called the charges against the immediate past governor a “witch-hunt,” claiming that no money was stolen from the state and that the agency was not given permission to try the previous governor or anybody else.

An anti-graft agency top official explained to Vanguard the rationale behind the siege of Bello’s home by stating, “It’s true that our men are at the former governor’s residence in Abuja to arrest him so that he can defend himself in court in relation to the N84 billion fraud case we had instituted against him.” The official was there to arrest the governor-elect Bello for allegedly looting the Kogi treasury while he was governor.

“Our men are armed with relevant warrant of arrest of the former governor. As soon as he is picked up by our men, he would be charged to court and be given the opportunity to defend himself over the graft allegation against him and the others.”

In response to the siege, the former governor’s media office issued a statement by Onogwu Mohammed in which he denounced the invasion and declared it unlawful because the case was already under appeal.

According to the statement, the presence of the operatives in Bello’s residence was in breach of the February 9, 2024 order of Lokoja High Court, which restrained the EFCC from arresting, detaining or prosecuting the former governor.

The statement said: “The EFCC was duly served with that order on February 12, 2024, and on February 26, 2024, the EFCC filed an appeal (Appeal No.: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission versus Alhaji Yahaya Bello) against the said order to the Court of Appeal Abuja Division. The appeal was accompanied by a Motion for a Stay of Execution of the order of the High Court, which the Court of Appeal adjourned for hearing till April 22, 2024.

“Furthermore, judgment in the substantive case between Alhaji Yahaya Bello and the EFCC will be delivered at 12 noon today in Lokoja.” 

“Contrary to all of the above, the EFCC has now laid siege to the home of H.E Yahaya Bello, seeking to arrest him in contravention of the extant orders!

“It is a surprise that an agency led by a lawyer could flagrantly disobey a subsisting court order by taking actions contrary to the reliefs granted”.

Contradictory orders

Meanwhile, there was confusion at the Federal High Court, in Abuja yesterday as the court ordered the arrest of Bello for arraignment in court today, despite a substantive judgment by a Kogi State High Court earlier on the same day, restraining the EFCC from harassing, arresting detaining or prosecuting the Governor.

Justice I.A Jamil of High Court IV gave the restraining order in a two-hour judgment delivered  in Lokoja at about 12pm, “By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant.” 

However, in a twist, the Federal High Court (which is of coordinate jurisdiction), ordered the arrest of the former governor for arraignment in court on Thursday.

The EFCC had appealed against the February order, and the appeal is scheduled for hearing on April 22.

Justice Emeka Nwite, who gave the order of arrest said by the Act establishing the EFCC, it has the power to arrest with or without warrant of arrest.