Human Rights lawyer, Mr. Femi Falana SAN, affirmed on Wednesday that no court of law can prevent the Economic and Financial Crimes Commission (EFCC) from prosecuting the former governor of Kogi state, Yahaya Bello, over alleged theft of N84bn from the state’s coffers.
Falana’s statement follows Bello’s assertion that the EFCC disobeyed a court order by attempting to arrest him in connection with the alleged theft. Falana clarified that Bello, having lost his immunity from arrest and prosecution as a former governor, is subject to legal proceedings.
Citing legal precedent, Falana referenced the Supreme Court’s ruling in the case of Orji Kalu versus the Federal Republic of Nigeria (2016) 39 WRN 53, which emphasized that a court order restraining the arrest of a criminal suspect does not impede a court of coordinate jurisdiction from trying the suspect.
In light of this, Falana urged the Inspector General of Police, Kayode Egbetokun, to withdraw police officers stationed at Bello’s residence, asserting that their obstruction of the EFCC’s arrest operation constitutes a serious criminal offense.
Meanwhile, operatives of the EFCC barricaded Bello’s Abuja residence on Wednesday in an attempt to effect his arrest. Bello, who has been entangled in legal battles with the EFCC, is implicated in a corruption case involving N84 billion. Despite the filing of charges against his nephew and a co-defendant, Bello himself has not been formally charged.