National
Alleged ₦84bn Theft: No Court Can Prevent EFCC From Prosecuting Yahaya Bello — Falana
By Abubakar Yunusa
Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has faulted a court ruling asking the Economic and Financial Crimes Commission (EFCC) from arresting and prosecuting any individual.
Mr Falana was reacting to a ruling by a state high court in Kogi State, asking the EFCC not to arrest the former governor of Kogi State, Mr Yahaya Bello.
In a statement on Wednesday, the Senior Advocate said, “By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.
“The allegation made by Ex-Governor Yahaya Bello that the Economic and Financial Crimes Commission has disobeyed a court order by attempting to arrest him to answer the charge of N84 billion theft is legally untenable. As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria.
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him. In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.
“In dismissing the appeal, the Supreme Court said that the “gagging order” should not be allowed to stand and that “The suit of the Appellant at Abia State High Court and the general and ambiguous order made therein were clearly intended to ‘muzzle’ or prevent the 1st Respondent from discharging its statutory function.”
“Similarly, in Uwazuruike v AGF (2013) 10 NWLR (Pt. 1361) 105, (2013) LPELR-20392 (SC) the Supreme Court ruled that “The Orders of an Owerri Federal High Court made on the 18th of January 2005 restraining the named respondents from arresting Ralph Uwazuruike relates to the proceeding before the Owerri Federal High Court which were ongoing at the time the Orders were made ex-prate. The orders are in no way related, nor do they affect or stop a subsequent arraignment of Ralph Uwazuruike for treason etc”.
“In view of the foregoing, the police officers who prevented the Economic and Financial Crimes Commission from arresting the suspect have committed a grave criminal offence. The Inspector-General of Police, Dr. Kayode Egbetokun should withdraw the said police officers from the private residence of Mr. Bello without any delay and have them charged for obstruction of justice.”
Governor Hyacinth Alia of Benue State has appealed to the Federal Government to step up and deal with rising insecurity in the state as the death toll from the recent attacks by suspected herdsmen on Ukum and Logo local government areas in the state has risen to 56.
The governor made the call on Saturday when he visited the scenes of attacks by suspected herdsmen in Ukum and Logo local government areas to ascertain the impact of the attacks.
Addressing journalists after the visit to the affected communities in the two local government areas, Alia condemned the violent attacks on the defenseless people and called for greater action from security agencies to nip these killings in the bud.
The governor used the visit to engage with community leaders and their people whom he assured of a better deal in addressing all forms of insecurity.
He also called for calm and urged the people to resist the will to resort to self-help
Security has also been beefed up in the Sankera axis where these attacks happened to restore confidence, while emergency services and relief items have been extended to the two local government areas.
In neighbouring Plateau State, also in the North Central geopolitical zone, over 100 people have been killed in the last two weeks when bloodthirsty marauders unleashed mayhem on communities in the Bokkos and Bassa local government areas of Plateau State.
Muhammad Auwal Jatau, Bauchi deputy governor, has denied reports claiming that he slapped Yusuf Tuggar, minister of foreign affairs, during a high-profile event in the state.
The alleged incident was said to have taken place on Friday inside a white coaster bus conveying dignitaries from Sir Abubakar Tafawa Balewa international airport to the Bauchi emir’s palace.
The dignitaries were en route to the turbaning of Mohammed Abubakar, a former governor of the state.
According to unverified reports, an argument broke out after the minister allegedly made disparaging comments about Bala Mohammed, Bauchi state governor.
Jatau was said to have slapped the minister in reaction, reportedly in the presence of Vice-President Kashim Shettima and other prominent figures.
But Muslim Lawal, spokesperson to the deputy governor, described the claim as “false and baseless”.
“No, no, no, how can the deputy governor slap the minister? I don’t think that ever happened in Bauchi because I know my principal is a responsible person,” he said.
“The number two person cannot slap a minister or whoever person that people are talking about. We are not even aware of that. I am just hearing this from you.”
Lawal questioned the credibility of the viral report and called on anyone with evidence to present it.
“Did you see the evidence of the slap? I didn’t see it, I’m just hearing about that from you,” he said.
“But my belief is that there is no way the deputy governor will slap a minister. I don’t think such can ever happen in Bauchi, not even my principal or whoever is in his position.”
He said there was no reasonable provocation for such an act.
“What is even the issue that will make the deputy governor slap a minister?” he asked.
“I was not in the car and if there is any evidence that the deputy governor did such, maybe we can speak on that, but as of now, I don’t even know about it. That’s our position.
“And I don’t even think that the deputy governor, even if it is not in the presence of the vice-president, can do that.”
Siminalayi Fubara, suspended governor of Rivers, has called on residents of the state to rally behind President Bola Tinubu’s renewed hope agenda.
In his Easter message in Port Harcourt, the state capital, on Saturday, the governor said the season represents a time for reconciliation and unity.
“Easter is a sacred season of reconciliation and unity. It is a time when the peace of Christ dwells richly in our hearts, restoring relationships, comforting the afflicted, feeding the hungry, and healing the brokenhearted,” Fubara said.
Fubara also reiterated his commitment to delivering good governance to the people of Rivers state.
“I reiterate my unwavering commitment to delivering good governance to the resilient and dignified people of Rivers state,” he said.
“Therefore, I call on the good people of Rivers state to continue to support and align with the Renewed Hope Agenda of our dear President, His Excellency, Senator Bola Ahmed Tinubu, while looking forward to a better tomorrow.”
Fubara added that the transformation desired by all is achievable when people act together as one, committed to peace, unity, and progress.
“Let us not lose sight of our collective strength. The transformation we all desire is achievable when we act together as one people under God, committed to peace, unity, and progress,” the governor said.