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Bello: Court rules on substituted service of charge April 23

By Bertram Nwannekanma (Lagos) and Ameh Ochojila (Abuja)
19 April 2024   |   3:43 am
A Federal High Court, Abuja, has fixed April 23 for ruling in the application by the Economic and Financial Crimes Commission (EFCC), seeking a substituted service of the charge on the immediate past Governor of Kogi State, Yahaya Bello.

Yahaya Bello

• HURIWA advises ex-gov against snubbing EFCC
• FG warns against further obstruction of EFCC’s operations 

A Federal High Court, Abuja, has fixed April 23 for ruling in the application by the Economic and Financial Crimes Commission (EFCC), seeking a substituted service of the charge on the immediate past Governor of Kogi State, Yahaya Bello.

This was as the Human Rights Writers Association of Nigeria (HURIWA) called on the former governor to immediately submit himself to EFCC scrutiny to clear his name.

Also, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has warned against further obstruction of EFCC’s operations.

Justice Emeka Nwite fixed the date, yesterday after counsel for the EFCC, Kemi Pinheiro (SAN), and the ex-governor’s lawyer, Abdulwahab Mohammed (SAN) presented their arguments for and against the oral application.

When the matter was called for the arraignment of Bello on 19 counts bordering on money laundering preferred against him, the former governor was not in court, but his team of lawyers, including Adeola Adedipe (SAN), was.

Mohammed, who announced an appearance for Bello, challenged the validity of the charge on the ground that the court lacked jurisdiction to entertain the matter on the one hand and to have issued the arrest warrant against his client on the other.

He informed the court that a preliminary objection had already been filed before the court to the effect.

The lawyer, who urged the court to vacate the arrest warrant order, said a High Court in Kogi had on February 9, 2024, restrained the anti-graft agency from arresting, detaining or prosecuting Bello.

However, EFCC’s lawyer disagreed with Mohammed’s submission.

Pinheiro said the matter was fixed for Bello’s arraignment and that Mohammed, having announced an appearance for the ex-governor, could be served in the open court for the matter to proceed.

The court adjourned till April 23 for a ruling on substituted service.

Justice Nwite had, on Wednesday, issued a warrant for the arrest of Bello, despite the subsisting judgment by a Kogi High Court restraining the commission from arresting, detaining or prosecuting him.

The court had also ordered that the ex-governor be produced in court for his arraignment.

BELLO’S reluctance to cooperate, HURIWA asserted, is a risk, as it undermines the rule of law and perpetuates an image of impunity that tarnishes Nigeria’s international reputation.

In a statement by its National Coordinator, Emmanuel Onwubiko, HURIWA emphasised the fundamental principle of accountability that underpins any functioning democracy.

“In most democratic societies,” the statement reads, “individuals accused of any wrongdoing are expected to fully cooperate with law enforcement agencies to ensure a thorough investigation and uphold the integrity of the legal process. Innocence should never fear investigation, and evasion only serves to cast doubt on one’s claims of innocence.”

While urging Bello to heed the EFCC summons, HURIWA also commended President Bola Tinubu’s administration for refraining from overt political interference in the investigative activities of the anti-graft agency.

FAGBEMI described as “bizarre drama” the confrontation the EFCC had in Abuja on Wednesday in its attempt to arrest Bello, said “the commission has the power to invite anybody” during its investigation.

The AGF stated, yesterday, that the least anybody, who is invited by the EFCC or other law enforcement agencies, could do is honour the invitation and clear their names.

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