The Court of Appeal in Abuja has overturned a decision by a Kogi State High Court that had prevented the Economic and Financial Crimes Commission from prosecuting former Kogi State Governor, Mr. Yahaya Bello, on an N80 billion money laundering charge.
On Tuesday, a three-man panel of the appellate court unanimously decided that the previous ruling by Justice Isah Jamil, which had set Bello free despite the charges filed by the EFCC, was a scandal. Justice I. Amadi, who read the decision, expressed the court’s strong disapproval of the lower court’s judgment.
The Justices, H. Barka, S. Bola, and I. Amadi, ordered Bello to follow the Administration of Criminal Justice Act (ACJA) and present himself for arraignment. “The appeal is meritorious and is therefore allowed,” the court held.
The EFCC had filed an appeal against the ruling of Justice Jamil, who had granted Bello’s application to prevent his prosecution in a fundamental rights case he filed in February 2024. Bello is accused of diverting over N80 billion from the Kogi State government’s treasury and faces nine counts of money laundering.
Since the charges were filed, the EFCC has struggled to bring Bello to court, as he has gone into hiding and missed five scheduled court sessions. The court criticized Bello’s repeated legal maneuvers to delay his arraignment, noting that his objections to the charges were not sustainable.
The appellate court emphasized that no court has the power to prevent a law enforcement agency from performing its duties. “The learned trial judge had the charge in FRN vs. Alh. Bello & Anor, FHC/ABJ/CR/550/2022 in his hand, but still set the respondent free, under the guise of enforcing his fundamental rights. This is very scandalous,” Justice Amadi said.
The court further ruled that Bello must appear for his arraignment before any other legal steps could be taken. “In view of the provision of Section 396(2) of ACJA, the respondent in this appeal; Alh Yahaya Bello is hereby ordered to appear for his arraignment in charge No.: FHC/ABJ/CR/550/2022, FRN VS Ali Bello & Anor, before taking any other step in this matter,” the court ordered.
In a second related appeal, the court again ruled in favor of the EFCC, dismissing objections raised by Bello’s legal team. The court emphasized that no objections to the validity of the charges could be considered until after the defendant’s arraignment.
