Invincible Bello, his juju man and a pitiful EFCC

“Bello, a fugitive, according to the EFCC, visited the offices of the anti-graft agency in the company of Governor Ododo in broad daylight. They loitered around in the open. They exchanged pleasantries with the operatives and the staff of the EFCC. It was even alleged that they sent a message to the chairman of the EFCC announcing their presence and the desire of the former governor to be interrogated.”  LAST week was draining for many citizens. This opening statement sounds stupid. The question that should naturally strike anyone who has lived fairly consistently in this country for 25 years since the inception, or rather, return of rule by civilians in 1999, is how many weeks these past two decades and a half have we been spared the debilitating and wearisome drama of the absurd? How many times? And the absurdities are carefully crafted and orchestrated by a section of the ruling elite to keep Nigerians chewing their thumbnails in disgust and disbelief. But the joke has always been on us, though we do not get it. It would appear that our mumu (local lingo for collective foolishness) is factory made, or as we say in this clime follow come. If the truth be told, it has not always been like this. Citizens’ activisms against repressive governments from the colonial era to successive military dictatorships have been the fact of our national life. Protests by university students in the 1960s helped to abort an obnoxious Anglo – Nigerian Defence Pact early in the life of an independent Nigeria. There was also the bloody May riots of 1989 or so that moderated the Ibrahim Babangida plot for a wholesale adoption of the International Monetary Fund (IMF’s) Structural Adjustment Programme (SAP) prescriptions for economic recovery. We have lost the verve as a people and the younger elements whose futures are more in jeopardy do not seem interested in looking for where the ball was dropped. Many decades ago, flamboyant journalist the now late Dele Giwa wrote two articles which were published about the same period. In one, he titled it: ‘Adewusi’s men can’t shoot straight’. Sunday Adewusi, also late, was the inspector – general of the Nigerian Police Force. Almost 40 years after the provocative headline, police operatives under Adewusi’s successors still can not shoot straight unless they are targeting innocent and unarmed protesters. Two recent examples will illustrate the state of the police – the murderous put down of the August 1-10 #EndBadGovernance nationwide protests, and the show that was put up at the Kogi state government lodge in Abuja last week. In the August protests police killed scores of Nigerians in cold blood while those who survived are currently in captivity facing charges ranging on terrorism, treason, treasonable felony, subversion and attempt to overthrow the federal government. The charges may sound phony, and they certainly do, but they are in sync with the ways of repressive regimes worldwide. However, last week the police/security details of Kogi state governor Musa Ododo and his predecessor Yahaya Adoza Bello, the White Lion, and the police of the Economic and Financial Crimes Commission (EFCC), both federal police, shot at themselves in a firefight, shattering the peace of the Asokoro-Abuja night for a considerable length of time. When the dust settled in the morning of the day after, a Thursday, there were no deaths; no reports of injuries; and, there were no arrests. It would not matter that there could have been some residents of that neighborhood with heart and/or other pre-existing health conditions whose situations could have been exacerbated by that night of madness by government security agents. In a sane place, the expectation is that there may at times be collateral damage in the course of an official task by security agencies. But that was not the case in this Abuja ‘shootout’. The EFCC police and those of Ododo/Bello were merely entertaining themselves at the expense of Nigeria. READ ALSO: http://Ganduje Celebrates, Opens Up: How We’ll Use Edo Template To Win Polls in Anambra, Ondo, Others The sorom chia (Igbo for comic display) by the EFCC and their ‘prey’ Bello, will be a box office hit any day, and a classic in later years. Creative Nollywood must have taken note. What’s the genesis? Bello was governor of Kogi state for eight years until last January. Corruption allegations swirled around him even as a governor. He had absolute immunity, so nothing could be done to him. We have conveniently forgotten that there’s an existing court decision that a sitting governor can be investigated but not prosecuted while in office, thanks to the efforts and doggedness of the late Gain Fawehinmi, a renowned and unblemished anti-corruption crusader. Well, Bello installed his relative Ododo as governor. Then the EFCC slapped a charge of N80blllion misappropriation/money laundering on Bello. The former melted away but tied up the case in court through proxies. He did not for once appear in court. At one point he even insisted that only the courts in his Kogi state and the judges he appointed while he was governor had jurisdiction over his matter. He fought his cases up to the Supreme Court. And he lost all of them. Yet he would not answer to the summons of the EFCC for interview nor present himself in court for arraignment and to prove his innocence. In what has now been exposed as a contrived frustration, the anti-graft agency declared Bello wanted and caused his name to be published in the Red List of the International Police Organisation (Interpol) as a global fugitive. Interpol may have taken the notice seriously. But not Nigerians. And now with the events of last week not even the EFCC took their wanted notice on Bello seriously. Nigerians and the EFCC knew that Bello was in this country and enjoying immunity by other means. In April, the EFCC had besieged the Abuja residence of Bello but failed to apprehend him, just as it failed again last week. But this time

Kogi Women Protest Alleged EFCC Harassment o Yahaya Bello, Call for Presidential Intervention

In what some observers have termed as a drama sketch being acted at the pleasure of the powers that be, a large crowd of women took to the streets on Saturday to protest what they called the harassment of former Governor Yahaya Bello of Kogi State by the Economic and Financial Crimes Commission, EFCC. The protesters appealed to President Bola Ahmed Tinubu to intervene, urging him to rein in the EFCC. They maintained that Bello had accomplished more for the state than any other governor since its inception. Led by various community leaders and political supporters, the women gathered in Lokoja, the state capital, denouncing what they called a politically motivated “witch-hunt” by the EFCC. The group urged the President to act swiftly by ensuring the EFCC allows the judiciary to handle the matter. They claimed that the agency’s actions earlier in the week were part of a targeted attempt to damage Bello’s reputation, warning that they would not stand idly by and watch his safety be jeopardized. “We stand with our leader, Yahaya Bello in this trying time. We believe he has been targeted unfairly and we demand justice. We won’t watch him lose his life,” one of the protesters, identified as Hajiya Halima Abass, said. “The EFCC should focus on genuine cases of corruption, not political vendetta,” another protester, who simply identified herself as Mrs. Boluwaji, added. The various women group leaders, who spoke in their local dialects – Igala, Ebira, Yoruba and others – urged the EFCC to be professional in its “handling of the case against the state leader, Alhaji Yahaya Bello.” They chanted songs, saying that Kogi people were fearless people and reiterated that they would not stand by and continue watching what they called a show of shame, especially after the former governor had made himself available to EFCC. They wondered why the EFCC refused to interrogate or detain him while he was in their office but rather went shooting at night at the Kogi Government Lodge to arrest a man who had voluntarily walked up to them earlier in the day. “We Kogi people of Ebira descent cherish what our son, Yahaya Bello, did for us as governor. That is why we’re out on the streets to ask EFCC to leave him alone. “We are not giving him out to anyone to crucify. He will come back to us hale and hearty,” one of the women leaders from Ebiraland, who simply identified herself as Hajiya Fatima, said. “We, the Igala people from Kogi East, we are here because of our leader, Alhaji Yahaya Bello. He has never done anything bad to us. To those people that are looking to take him, please leave him alone. We have never seen the kind of his government before. He did well for the state,” another women leader who identified herself as Deborah said.

Yayah Bello finally succumbs to the long arm of the law

Immediate past Governor of Kogi State, Yahaya Bello has finally succumbed to the long arm of the law by submitting himself to the Economic and Financial.Crimes Commission (EFCC). Yahaya Bello has been on run after a failed attempt to take him in to answer to charges regarding how over N80billion disappeared from the treasury of Kogi State during his eight year reign. It was reported that Yahaya Bello was eloped from his residence by his select successor, Usman Ododo when law enforcement agents came for his arrest.   A statement by his media handlers disclosed that Yahaya Bello finally surrendered himself this morning following advise from his family and counsel.

Court to continue Bello’s trial despite pending appeal

By Vivian Michael The Federal High Court, Abuja, has refused to stay proceedings on the Federal Government case brought against the former governor of Kogi State, Yahaya Bello. Justice Emeka Nwite in his ruling held that proceedings on the alleged money laundering case instituted by the Economic and Financial Crimes Commission (EFCC) will continue September 25, despite the appeal filed by the defendant. At the resumed trial, Wednesday, counsel to the Defendant, Abdulwahab Mohammed, SAN, told the court that they had filed an application for stay of proceedings on the case, pending the determination of the appeal pending before the Court of Appeal on an arrest warrant. He submitted, “Your lordship is functus officio. Heavens will not fall if the court stayed proceedings awaiting the outcome of the Court of Appeal. “We are relying on the provision of the Constitution which overrides the EFCC Act which the prosecution is relying on”. Responding, counsel to the EFCC, Kemi Pinhero, SAN, opposed the application. He maintained that the defendant had not shown any Court of Appeal document showing that the court wants the lower court to stay proceeding. At that point, the trial Judge, Justice Emeka Nwite asked whether, having received the application and affidavit, and being aware of the pending appeal, it would not amount to judicial rascality for his court to continue proceedings on the matter. “Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?” The judge further asked. But the prosecution Counsel, Pinheiro, SAN, said, “it is not really an issue of jurisdiction”, adding that, mere filing of an affidavit could not suffice as the case was not a civil case and urged the court to stick to the matter of the day, which was the ruling on the arguments presented on June 27. However, counsel to Bello told the court that the Judge was misled on the 27th of June and that the request was for the proceedings of that day to be expunged. “They are asking your lordship to undo the work of the Court of Appeal. To avoid controversy and in order not to render the appeal nugatory, this should not continue. Even if Yahaya Bello were to be here, you cannot arraign him,” he argued. “The Affidavit filed on 16th July 2024, is to bring to your lordship’s attention the notices of appeal filed against your lordship’s ruling on 23rd April and 10th May. This appeal was transmitted to the Court of Appeal on 23rd of May and appellant’s brief of argument was filed on the 31st of May. Motion for stay has also been filed at the Court of Appeal. The two appeals basically challenge the jurisdiction of this court to entertain the charges ab initio. “We urge your lordship to expunge the record of the proceedings on 27th June because at that time, an appeal had been entered and the proceedings should not have happened. The court was functus officio,” Abdulwahab argued. According to him, the court insisting on hearing the matter would bring the court into conflict with the Court of Appeal. Reacting, EFCC stated that one of the appeals sought to have his Lordship stay further proceedings until the determination of the appeal. He, however, noted that the judge was bound by his own rulings and, therefore, had the discretion to determine whether to proceed or not, noting that the first authority that the Defendant’s Counsel cited was a 1999 case that predated the EFCC Act 2004. “This same position was canvassed on behalf of Mustapha, SAN in 2016 case, Mustapha v FRN, and the court held that proceedings can only be stayed where there is a Court of Appeal order to that effect and they relied on Section 306 of ACJA. In Chukwuma v IGP, a 2018 case, the court held something similar,” he submitted. Responding on point of law, Abdulwahab said, “We have two notices of appeal – one is on mixed law and fact and the other is on jurisdiction. The authorities he has cited are different from jurisdiction. Chukwuma v IGP is on admissibility of document and not jurisdiction. “In Chief Cletus Ibeto v FRN, which is an ongoing criminal appeal, all the facts are on all fours with the recent case. The lower court stayed proceedings because of the issue of Jurisdiction and now the argument at the court of appeal is on Section 306. That is how it is supposed to be.” In his ruling, Justice Nwite said, “The grant of stay of proceedings is at the court’s discretion, and since it is an issue of discretion no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially.” However, the judge, who had asked before going on recess, whether it will not amount to judicial rascality to continue the case when there was an issue of jurisdiction, changed his position and noted that the defendant wanted to use the appeal to delay proceedings. Justice Nwite maintained that there have been previous Court of Appeal judgments on such matters. He also granted the application for withdrawal of the Defendant’s Counsel, Adeola Adedipe, SAN, from the case and referred the matter of professional misconduct by the two Defendants’ counsel to the Legal Practitioners Disciplinary Committee (LPDC) to conduct investigation on possible infractions. Justice Nwite said, having stated the law, “the question is whether there was an undertaking by Abdulwahab and Adedipe, SAN, which was breached to amount to contempt of court.” Meanwhile, the matter has been adjourned to September 25, for Bello’s arraignment.

Bello/EFCC: Present your case transfer to Lokoja request in open court – CJ …Says defendant has pending appeal bordering on jurisdiction before Appeal Court

…’It’s improper to take any step that will amount to pre-empting Appeal outcome’ The Chief Judge of the Federal High Court, Justice Terhembe Tsoho, has directed that the request by a former Governor of Kogi State, Yahaya Bello, for the transfer of the alleged money laundering case instituted against him by the Economic and Financial Crimes Commission to Kogi State be presented in open court. In a letter addressed to Abdulwahab Muhammed, SAN and Musa Yakubu, SAN, the Chief Judge drew the attention of the former governor’s counsels to a pending appeal in the case: Yahaya Adoza Bello Vs FRN wherein the defendant had sought a consequential order remitting the case to the Chief Judge for reassignment. The letter, signed by Special Assistant to the CJ, Joshua Ibrahim AJI, Esq, said as a result of this, it would be improper to take any step that would be tantamount to pre-empting the outcome of the Appeal. “There is documentary evidence of a pending appeal in the case Yahaya Adoza Bello Vs FRN filed on 17/05/2024 wherein the defendant as Appellant has sought a consequential order remitting the case to the Chief Judge for reassignment. It is not proper to take any step that will tantamount to pre-empting the outcome of the Appeal. “The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court,” the CJ stated. The Chief Judge noted that the main offence alleged bordered on conversion of Kogi State funds to purchase properties in Abuja, and that the filing of the charge could either be in Abuja or Lokoja. He referred to two ongoing cases before the FHC in charge No FHC/ABJ/CR/550/22 FRN Vs Ali Bello and another, and another charge, FRN Vs Ali Bello and 3 others, where a similar request for transfer was made and the lower court refused the application.

More woes for Yahaya Bello as EFCC placed him on interpol watchlist 

The Economic and Financial Crimes Commission (EFCC), has placed former governor of Kogi State, Yahaya Bello on INTERPOL’s watch list in three North African countries of Morocco, Tunisia, Algeria. Recall that the ex-Governor had earlier been put on the watch list of Egypt, Libya and Sudan. The anti-graft commission said the recent action followed an intelligence that the Bello may try to run to any of these countries. The watch-list was also activated ahead of the July 17 expected appearance of the former governor before a Federal High Court in Abuja. Bello is facing a 19-count charge for alleged money laundering, breach of trust and misappropriation of public funds to the tune of N80.2billion. The ex-governor has denied the allegation and has consistently failed to appear before the trial Judge, Justice Emeka Nwite on June 13 and June 27.   At the last hearing, Bello filed an application for the transfer of his trial to the Federal High Court, Lokoja, the Kogi State capital. Speaking on the situation, the EFCC source said, “Ahead of the next hearing of the case, EFCC has activated many options, including taking a concrete action to watch-list Bello in North Africa. “We are aware of a botched exit to Morocco via Cameroon. We are determined to stop him from going on exile. “From Singapore, the EFCC executive chairman, Mr. Ola Olukoyede was in Tunisia where he delivered a paper at a session on illicit financial flows. Thereafter, he had a meeting with all the heads of INTERPOL in North Africa on the intelligence on the ex-governor. “He formally asked INTERPOL to place Bello on Red Alert in all North African countries and it was accepted. “The watch-list has taken immediate effect. He will be arrested in any part of North Africa. We took this step because we are suspecting that he had been bidding time not to be available for arraignment. “We expect Bello to be in court to prove his innocence. EFCC has to do its work to avoid bad precedent.”

Yahaya Bello’s lawyer applies to withdraw from case

A Senior Advocate of Nigeria, SAN, Adeola Adedipe, on Thursday, applied to the Federal High Court in Abuja to withdraw his appearance for the immediate past Governor of Kogi State, Alhaji Yahaya Bello. Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion. Following his absence in court for his scheduled arraignment, the Economic and Financial Crimes Commission, EFCC, urged the trial judge to dock his lawyers for failing to fulfil an undertaking they made to ensure his availability for trial. Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, prayed the court to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct. Pinhero, SAN, argued that Order 31(3) of Rules of Professional Conduct for legal practitioners stipulated that any lawyer that failed to comply with an undertaking he made before a court, aside from being in contempt, is automatically guilty of misconduct. “My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says. “We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary. “If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status? “Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn. “For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment. “If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm. “The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added. Responding, Adedipe, SAN, told the court that he was not Bello’s lead counsel, even as he denied making any undertaking to secure his presence for the trial. “My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter. “What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe, SAN, insisted. He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant. Adedipe, SAN, said his team had earlier notified the court that it was not aware of the whereabouts of the former governor. He said in the light of the turn the case had taken, he had no option than to activate the provision of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant. However, the EFCC, through its counsel, maintained that it was late for the defence lawyer to pull out of the case. “My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court. “I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted. Trial Justice Emeka Nwite is yet to rule on the matter.

Alleged N80bn fraud: Again, Bello absent in court …wants case transfer to Kogi

The embattled former governor of Kogi State, Yahaya Bello, has failed to appeared in court as he wants he case transfered to Kogi State. At the resumed proceeding in the matter Thursdays, Bello, failed to appear before the Federal High Court in Abuja to enter his plea to the charge against him. The embattled Bello, is facing a 19-count charge before the federal high court, raised against him by the Economic and Financial Crimes Commission(EFCC). In a letter to the Chief Judge through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, maintained that only Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations levelled against him. Counsel to Bello, Mr. Adeola Adedipe, SAN, brought the attention of trial Justice Emeka Nwite to the letter his client wrote to the CJ. He said, “My lord, after the proceedings of the last adjourned date, I went back and gave a report of what happened in court to our team. “However, I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the Federal High Court requesting in substance, that this matter be administratively transfered to the Federal High Court, Lokoja Judicial Division, which we believe have territorial jurisdiction to handle this matter. “That letter was received at the Chief Judge’s Chambers and the office of the of honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps has been activated, whereof he was directed to provide a response to the request for transfer of the matter. “My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance to the directive of the CJ. “We are also not in receipt of any decision that has been made on this request by the CJ. “I am also aware that this administrative directive of the CJ has been formally communicated to this court. “We have filed an affidavit wherein we attached two documents referencing the details that I have just highlighted. “My duty is first to the court. As of the moment, I am not urging anything from the court, but just to present the facts as they were,” Adedipe, SAN, added. On his part, the EFCC, through its counsel, Mr. Kemi Pinhero, SAN, urged the court to compel the defence lawyer to explain why the defendant was not in court, despite an undertaking he made on June 13 to ensure his presence in court for arraignment. He prayed the court to dismiss “the story of the defence lawyer as dilatory and a further attempt to treat this court with scorn.” The EFCC counsel argued that the letter to the CJ did not discharge the undertaking that were made by the senior lawyers representing the defendant. Pinhero, SAN, further argued that even where a petition is forwarded against a judge to the National Judicial Council, NJC, it does not stop proceedings on cases pending before the judge. Consequently, he applied for the court to invite the two senior lawyers representing the former governor to show cause why they should not be dealt with for contemptuous conduct. Bello, who piloted affairs of Kogi state for eight years, is facing a charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion. EFCC alleged that the former governor, alongside his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were complicit in money laundering. Also the defendant briefed his lawyers to file an application to set aside an arrest warrant that was issued against him on April 17, as well as to challenge the jurisdiction of the court to try him. He insisted that the EFCC acted in breach of a subsisting judgement of a High Court in Kogi State when it entered the charge against him and also applied for a bench warrant to be issued for his arrest.

EFCC Picks New Date For Yahaya Bello’s Arraignment

The Economic and Financial Crimes Commission, EFCC, has reportedly picked a new date for the arraignment of former Kogi State Governor, Yahaya Bello. The anti-graft agency fixed June 27 for a hearing in the alleged money laundering case instituted by EFCC against Bello at the instance of the anti-graft agency’s lawyers. According to Daily Post, the new date was fixed without prior information from the defendant’s lawyers. At the resumed hearing on Thursday, counsel to Bello, Adeola Adedipe, SAN, told the court that the EFCC lawyers approached Aliyu AbdulWahab, SAN, who is the counsel for the defendant, that the earlier date, June 13 date, would not be convenient for them to proceed and that Wahab had to agree by way of convenience for another date to be set. He said he was surprised when he heard that EFCC lawyer, Rotimi Oyedepo was in court. He said, “They (EFCC) agreed that junior counsel would be sent to court today to formally pick a date. And the registry can confirm this. Kemi Pinhero, SAN, the lead counsel, has been calling us to say today is not convenient.” However, for the decision of the EFCC to seek an adjournment to a future date for his arraignment, Bello was said to be ready to appear in court on Thursday. Adedipe added, “Under 266 ACJA there are instances when defendants don’t need to come and this is one of them. “We came here to pick a date. Of what use will the defendant coming here be? It is the prosecuting counsel that approached us, we did not approach them. We have nothing to hide.”

Yahaya Bello to be arraigned, June 13

The former governor of Kogi State, Yahaya Bello, Friday finally agreed to submit himself to the Federal High Court Abuja for arraignment on June 13. At the Friday sitting, Justice Emeka Nwite rejected the former governor’s request for suspension of trial. Following the rejection of the application, the lead Counsel to the defendant, Abdulwahab Mohammed, gave the undertaking that his client will appear before the court in the next adjourned date. He stated that Bello was not afraid of arraignment but the safety of his life in the hand of the Economic and Financial Crimes Commission (EFCC) in Abuja. According to Mohammed, the life of his client has been under consistent threats in Abuja, hence, his decision to go underground for safety. In his remarks, Justice Nwite reiterated that EFCC as a law-abiding body would not do anything against the provisions of the law. The court added that Bello was not the first former governor to be merely invited by the anti-graft agency and would not be the last. The judge also said that the charges are based on allegations that have not been proved, adding that the law even presumes any accused person innocent until proven otherwise. Consequently, Justice Nwite advised Bello’s lawyer to prevail on his client to respect the law and order of court as a law-abiding citizen. Responding, Mohammed expressed gratitude to the court, adding that with the assurance that EFCC would not do anything untoward, the former governor would be brought to court. “All my client needs is just an assurance for the safety of his life which has been under threat for sometimes in Abuja.” He, therefore, requested for four weeks to bring his client before the court. However, he added that the former governor, now at large, will come to the court instead of the EFCC to take his plea in the charges. In his reaction, counsel to the Anti-graft agency, Rotimi Oyedepo SAN, didn’t oppose the application. Justice Nwite fixed June 13 for Bello to appear in court to take his, please.