Kogi State’s last Governor Yahaya Bello says the Economic and Financial Crimes Commission (EFCC) cannot arrest him because a court order prevents the agency doing so.
Attempts to arrest the politician have failed and he is currently in hiding, with the agency declaring him a wanted criminal.
Bello made his no-arrest submission to Justice Emeka Nwite of the Federal High Court, Abuja, through Counsel, Abdulwahab Muhammad, who pointed to an order of the court restraining the EFCC from arresting or arraigning him.
Muhammad said a Kogi State High Court had on 9th February 2024 restrained the EFCC from arresting or arraigning the former governor.
He added that the EFCC had appealed the ruling and the Court of Appeal was yet to decide on the matter.
He pointed out that the action of the EFCC was unconstitutional and the court lacked jurisdiction to entertain any charge from the EFCC.
Phinro, however, disagreed with Muhammad’s submission.
He held that the ruling in the substantive matter on the suit was delivered on 17th March 2024 by the Kogi State High Court.
He cleared the air that the court in its ruling held that, for the former Governor to be arrested or arraigned, the EFCC must first seek leave from the court to do so.
He said it was in line with that judgement that the EFCC, through an ex parte application, filed for the order seeking the arrest of the former Governor which the court granted.
But Muhammad told the court that the order for the ex-Governor’s arrest was made out of jurisdiction.
According to him, Bello was not a fugitive, but relying on the order of the Kogi State High Court to take protection.
Justice Nwite later adjourned the suit instituted by EFCC against Bello to next Wednesday.
The adjournment is for substituted service and possible arraignment of Bello for alleged N84 billion money laundering.
At the resumed sitting, EFCC counsel, Kemi Phinro told the court that Bello was absent from court for his arraignment because he was being protected by someone with immunity.
Phinro said the former Governor was whisked out of his Abuja residence by the same person with immunity.
Phinro said the anti-graft agency might seek the help of the military to fish him out to come face his arraignment.
