The appeal filed by the Economic and Financial Crimes Commission against the Kogi State High Court’s ruling prohibiting the anti-graft agency from detaining Yahaya Bello, the immediate former governor of Kogi State, will be heard by the Court of Appeal in Abuja today, Monday.

In a decision dated February 9, 2024, the Kogi court ordered the EFCC to refrain from “inviting, arresting, detaining, prosecuting” Bello while his fundamental rights lawsuit was being adjudicated.

The former governor is being charged on 19 counts by the anti-graft agency with money laundering, breach of trust, and theft of funds totaling N80.2 billion.

As the Federal High Court in Kogi was rendering a decision on Bello’s fundamental human rights claim, the anti-graft agency, resolved to bring Bello to justice for his purported offense, went to the Federal High Court in Abuja last Wednesday to obtain an arrest warrant.

The EFCC attempted to arrest Bello by going to his residence in Abuja with the arrest warrant, but was unable.

Due to this, Justice Nwite was forced to postpone the former governor’s arraignment and ruling until Tuesday, April 23, as he was unable to appear in court the following day.

Although Bello was not there to present his plea, his legal team, under the direction of Mr. Abdulwahab Mohammed (SAN), apprised the court of the issue that was on the docket for the appeals court.

Mohammed informed the court that as the case was already in front of the appeals court, it was improper for the EFCC to request an arrest order for Bello.

Attorney Kemi Pinehero for the EFCC argued that the trial may proceed.

In its appeal, the EFCC is requesting a stay of execution for the Kogi State trial court’s order through its attorney, J.S. Okutepa (SAN).

The anti-graft agency challenged the court order in the appeal with the file number CA/ABJ/PRE/RDA/CV/165MI, arguing that it is an entity established by statute to perform tasks outlined in its Establishment Act and has the authority to look into and prosecute economic crimes as defined by sections 6 and 7 of the EFCC Act.

The lower court’s order was criticized by the EFCC, which called it an obstacle.

“The orders granted ex parte on the 9th of February 2024 constitute a clog in the progress of the appellant/applicant’s performance of its statutory functions and duties under the EFCC Act 2004,” the EFCC said.

Jesutega Onokpasa, a prominent member of the All Progressives Congress, has urged the current and previous governors to speak out against what he views as the EFCC’s unfair prosecution of Bello.

The head of the Tinubu Media Support Group, Jesutega Onokpasa, bemoaned the former governor’s prosecution while speaking to reporters in Abuja on Sunday.

Accompanied by two other party chieftains, Abubakar Iliyasu and Felix Etedjere, Onokpasa further characterized the purported attempt to imprison Bello as a well-planned witch-hunt.

“Today it is Yahaya Bello’s turn, tomorrow, it might be yours. As far as we are aware, former Governor Bello had obtained a court order restraining the EFCC from arresting, arraigning or prosecuting him and we state categorically that he was perfectly entitled in law to place reliance on the protection of the law, indeed the same law, which binds all of us in a civil society,” he stated.

He said, “The remedy against an order of the court is to vacate the order or to appeal the same and most certainly not for law enforcement to thump its nose against the court and decompose into lawlessness and brigandage.

 “As usual, the EFCC has descended into grotesque unprofessionalism and playing to the gallery by taking what is beginning to appear as a persecution rather than a prosecution to the court of public opinion instead of lawfully canvassing it before the court of law.

“In the process, even the security details of former Governor Bello have been most rascally and illegally withdrawn thus exposing him to grave danger.”

 He added, “We unequivocally condemn this witchhunt against a citizen of the Federal Republic of Nigeria and a former governor of one of the states of this country.

“We enjoin all well-meaning citizens of our great nation to repudiate these excesses even as we call on all sitting governors, former governors and all politically exposed persons to stand against this utter travesty.”