Yahaya Bello: A Fugitive of Justice?

In a saner clime, the court would have issued a fugitive warrant instead of a bench warrant to the Economic and Financial Crimes Commission for the arrest of former Governor of Kogi State Alhaji Yahaya Bello.

His bench warrant should have expired the day he stepped out of Kogi for a drama at the Federal Capital Territory, Abuja jumping jurisdiction to elude his arrest.

The Economic and Financial Crimes Commission had got the powers to arrest and keep in custody the former governor but Bello is being clever by the half with his continuous appeal of his arrest even to the supreme court.

For me, the fact that the former governor could travel from Kogi State to Abuja after he had been declared wanted is enough reason for court to declare him as a fugitive and a suspect trying to escape justice.

Sometimes, the legal counsels to some so called big goons allow them to act so recklessly that they complicate their alleged offences, which of course may have made the EFCC to raise fresh charges against Bello.

The EFCC headed by a lawyer, Ola Olukoyede refuses to take law into its hands but not leaving any stone unturned in Bello’s case. The former governor has so much jumped jurisdiction that he will now be appearing before two courts in one week.

He is expected to appear before Justice Emeka Nwite of the Federal High Court , Federal Capital Territory, Abuja, over allegation of N80.2billion misappropriation on October 31.

He was expected to show up in September when the case was being heard but refused due to the purported appeal of his arrest at the Supreme Court, where he is also expected to appear soon.

Bello is also expected to appear before another Justice Maryanne Anenih in October at the Federal High Court Abuja over 16 count charges against him by the EFCC.

As a matter of fact, the summons requires Bello to attend court on October 24, along with two other defendants.

The order for the public summons was issued by Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) in Maitama following an application by the Economic and Financial Crimes Commission (EFCC).

The EFCC was also directed to publish the public summons in a widely circulating newspaper, as well as to pass copies to Bello’s last known address and in conspicuous places on court premises.

The charge, filed on September 24, alleges criminal breach of trust amounting to N110.4 billion.

The other two defendants in the charge are Umar Oricha and Abdulsalami Hudu.

Bello’s absence has led to the postponement of the arraignment for about five times. While one will not preempt the outcome of his appeal at the Supreme Court, Bello has advertently refused to show up at the courts but had been appearing in places beyond Kogi State where he allegedly committed the offence.

Sadly, it was the former governor that proposed an anti graft bill to Kogi State House of Assembly to create an agency against corruption.

While the bill had now passed second reading at the state house of assembly, the man who proposed it is running from pillar to post over an alleged graft of diverting public funds into his private account.

That a legislative arm of Kogi State, which kicked against the arrest of the former governor by the EFCC could in turn pass an anti graft bill is a mockery of the fight against corruption in Nigeria.

Funnily enough, the incumbent governor, Usman Ododo, who is preparing to sign into law the bill creating an anti graft agency in Kogi is the one protecting the EFCC from arresting his predecessor.

Investigation revealed that Bello had been enjoying the security structure under Ododo’s immunity, which could lead to anarchy if the operatives of EFCC or that of the Department of the State Security try to lay hands on the former governor .

For how long will Bello enjoy this? Perhaps as long as the Supreme Court is able to give a verdict on his appeal.

It’s obvious going by the latest court order by Justice Anenih that Bello is being steadily being treated as a fugitive and a suspect at the same time.

Even if EFCC knows where Bello is being hidden by his successor and may not want to raid the place, publishing warrant of arrest of the former governor in national dailies and sending copies to his latest home address are enough evidence that his days are number in his hidden place.

The critical issue about his arrest is that he is being protected by Ododo’s orderlies who are police officers and who will likely resist any other law enforcement agent from apprehending Bello.

Perhaps that is why a civil society organisation, Centre for Social and Economic Rights, CSER, had petitioned the Inspector General of Police, Kayode Egbetokun to fish out Bello.

CSER also threatened to sue the Nigeria Police if Bello would not be arrested within 14 days.

In a petition to the IGP office, the activists demanded that the police boss uses his status as a board member of the EFCC to initiate the move immediately to avoid legal actions.

The petition, signed by its executive director Nelson Ekujumi, the group reminded the IGP who is a member of the board of the EFCC to deploy human resources, officers as the need may arise for the arrest of Bello.

The group demanded the obligatory duty of the IGP as enshrined in the Nigeria Police Establishment Act 2020 to effect the arrest of  Bello and hand him over to the court or the EFCC for arraignment.

The “open letter” to the IGP dated September 30, 2024 titled Demand for the Arrest and Handing Over of the Former Governor of Kogi State, His Excellency, Yahaya Bello, as signed by Nelson Ekujumi.

The letter reads in part: “With humility, we have the pleasure to introduce to you our organization, the Centre for Social and Economic Rights (CSER), which is at the vanguard of advocating and promoting transparency and accountability in our Country, Nigeria.

“Sir, we deem it fit and most appropriate at this point in time to request that you deploy the resources and the expertise of your office to arrest and bring before a competent law Court the immediate past Governor of Kogi State, His Excellency, Alhaji Yahaya Bello, or upon his arrest, to hand him over to the Economic and Financial Crimes Commission (EFCC) for investigation and subsequent arraignment in the court of law.

“As you are aware Sir, that upon the application to the High Court by the EFCC for an arrest of the former Governor, the said application was granted and an Order for his Arrest was issued by the Court. In this light, the Economic and Financial Crimes Commission, EFCC, on Thursday, April 18, 2024 declared the former Governor of Kogi State, H.E Yahaya Adoza Bello wanted and a bench warrant for his arrest was issued.

“Furthermore, the Court of Appeal in a unanimous judgement read by Justice Kenneth Amadi, in Appeal number: CA/ABJ/CV/536 held that the appellant (Yahaya Bello) having been aware of his charge on the media space and same published by the respondent (the EFCC) but refused to appear to take his plea; the trial court was right in issuing his warrant of arrest.

“That we are aware and it is well known to the public that all attempts by the EFCC and the Court to make H. E. Yahaya Bello face justice and answer the allegations against him, are being repeatedly frustrated by your men (policemen), who continue to provide security for the former Governor, thereby preventing his arrest.

“Sir, it is more embarrassing to us that your good self being the Inspector General of Police and the Director General of the Department of State Security Service (DSS), by law, actually sit on the Board of the EFCC. The drafters of the EFCC Act actually knew what they were doing when they included you and the Director General of the DSS as members of the Board of EFCC, the reason for such cannot be farfetched, which is to support the EFCC with its performance and also to deploy human resources, officers as the need may arise.

“May we ask that of what relevance, importance and use, is your membership of the EFCC Board if you cannot get the man already declared wanted by the court arrested? Worse still, your men have been seen in the full glare of the public not only providing security cover for H.E Yahaya Bello, but also actually preventing the EFCC from arresting him.

“Owing to the above and coupled with the facts that H.E Yahaya Bello’s failed and refused to voluntarily report to the nearest police station, to the EFCC or the court, has caused Nigeria gross shame locally and internationally; we are therefore, left with no other option than to demand your obligatory duty as enshrined in the Nigeria Police Establishment Act, 2020 and in line with your constitutional responsibility.

We hereby give you a maximum of fourteen (14) days to arrest H.E Yahaya Bello and hand him over to the EFCC or the court.

“Finally, should you fail to meet our request above, please take note that we will, without further communication with you, commence a legal action against you by applying to the court for an Order of Mandamus to compel you to perform your statutory obligations by arresting and taking His Excellency Yahaya Bello to either the EFCC or the law court”.

Kunle Aremu is a seasoned journalist and columnist