Mohammed told the court that it was wrong for the EFCC to apply for an arrest warrant against Bello when the same matter was already before the appeal court.
By Jeffrey Agbo
Abuja division of the Court of Appeal will on Monday, April 22 hear the appeal filed by the Economic and Financial Crimes Commission (EFCC) against a restraining order in favour of a former governor of Kogi State, Yahaya Bello.
On February 9, 2024, a Kogi State High Court restrained the EFCC from “inviting, arresting, detaining, prosecuting” Bello pending the determination of a fundamental rights suit he filed before the court.
The anti-graft agency is seeking to arraign the ex-governor on 19 counts bordering on money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.
Last Wednesday, the EFCC got a warrant of arrest from a Federal High Court in Abuja and unsuccessfully tried to arrest Bello at his residence in the nation’s capital.
This resulted in the inability of the former governor to be arraigned the next day in court which led Justice Emeka Nwite to adjourn for arraignment and ruling till Tuesday April 23.
Alhough Bello was absent to take his plea, his team of lawyers, led by Abdulwahab Mohammed (SAN), informed the court of the matter before the appeal court.
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Mohammed told the court that it was wrong for the EFCC to apply for an arrest warrant against Bello when the same matter was already before the appeal court.
The EFCC counsel, Kemi Pinehero, argued that the lower court could go ahead with the trial.
The EFCC, in its appeal through its solicitor, J.S. Okutepa (SAN), is seeking a stay of execution to the order of the trial court in Kogi State.
In the appeal marked CA/ABJ/PRE/RDA/CV/165MI, the anti-graft agency contested the court order on the grounds that it is a body created by statute to carry out functions specified in its establishment act and empowered to investigate and prosecute economic crimes as set out under sections 6 and 7 of the EFCC Act.
The EFCC faulted the order of the lower court, adding that it was an obstruction to its statutory duties.
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