Appeal Court Slams New Order Against Ex-Gov Yahaya Bello
The Court of Appeal in Abuja has ordered former Kogi State Governor, Yahaya Bello, to present himself for arraignment in court.
The court also restrained Bello from taking any further actions regarding the charges against him until he has been formally arraigned.
In a unanimous judgment delivered on Tuesday by Justice Ken Amadi, the court ruled in favor of the Economic and Financial Crimes Commission (EFCC), which had appealed a previous judgment by Justice Isah Abdullahi Jamil of the Kogi State High Court. The earlier judgment had been issued in February 2024 in a fundamental rights case filed by Bello.
The Appeal Court found the EFCC’s appeal, presented by Senior Advocate of Nigeria Jibrin Okutepa, to be meritorious. The court criticized the lower court’s judgment, describing it as “scandalous” and suggesting that the case was intended to shield Bello from facing his criminal trial.
In its decision, the appellate court adopted the two issues raised by the respondent and noted that the trial judge had the charge in the case of *FRN vs. Ali Bello & Anor* (FHC/ABJ/CR/550/2022) in his possession but still set Bello free under the pretense of enforcing his fundamental rights.
The court also referenced a previous ruling by Justice Olubunmi Oyewole JCA in EFCC vs. Alh. Yahaya Bello (CA/ABJ/CV/413/2024), which stated that no court has the authority to prevent a law enforcement agency from performing its statutory duties.
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Ultimately, the Court of Appeal sided with the EFCC, allowing the appeal. The court further ruled that, in accordance with Section 396(2) of the Administration of Criminal Justice Act (ACJA), Bello must appear for arraignment in the case *FRN vs. Ali Bello & Anor* (Charge No.: FHC/ABJ/CR/550/2022) before taking any other legal steps.
In February 2024, Bello had sought an order from the Kogi State High Court to prevent his arrest. Justice Jamil had granted an injunction barring the EFCC from arresting or attempting to arrest the former Governor.
