EFCC asks Yahaya Bello to appear in court, disputes ex-governor’s surrender

Former Kogi State Governor Bello has been avoiding court since April, stalling on six occasions his arraignment on charges involving alleged diversion of more than N80 billion belonging to the Kogi State Government.

The Economic and Financial Crimes Commission (EFCC) has asked former Kogi State Governor Yahaya Bello to appear at the Federal High Court in Abuja on Wednesday scheduled for his arraignment on money laundering charges.

Mr Bello has been avoiding court since April, stalling on six occasions his arraignment on charges involving alleged diversion of more than N80 billion belonging to the Kogi State Government during his eight-year tenure as governor.

The EFCC wrote Mr Bello throughhis lawyer, Abdulwahab Muhammed, on Tuesday, calling on the defence to produce the former governor in court for Wednesday’s proceedings.

A copy of the letter seen by PREMIUM TIMES bears the acknowledgement stamp dated 24 September of the law firm of Mr Muhammed, a Senior Advocate of Nigeria (SAN).

The EFCC’s letter written and sent on its behalf by the commission’s private prosecutor, Kemi Pinheiro, was also copied to the registrar of the trial judge Emeka Nwite’s court.

It reminded the defence that the trial judge, on 17 July 2024, rescheduled Mr Bello’s arraignment to 25 September.

It also reminded the defence of the two judgements of the Court of Appeal in Abuja delivered on 17 August and 20 August 2024 ordering the former governor to make himself available for arraignment before taking any further steps regarding the matter.

“We trust you would ensure compliance with the order of their Law Lords of the Court of Appeal,” Mr Pinheiro wrote, while reminding the defence of their series of undertakings to produce Mr Bello in court for arraignment.

The prosecutor, who wrote the letter on his law firm Pinheiro LP’s letterhead, feigned ignorance of Mr Bello’s recent dramatic attempt to surrender himself at the anti-graft-agency’s headquarters in Abuja.

“We are not oblivious of the news which circulated the media space on the 18th day of September, 2024 wherein the Defendant was alleged to be at the car park of the Economic and Financial Crimes Commission (EFCC). We cannot however confirm the veracity of same.

“At any rate, the attendance of the Defendant is required at the Federal High Court where the Charge is pending and not at the EFCC office,” Mr Pinheiro, a SAN, stated on behalf of EFCC.

Mr Bello has yet to confirm if he will attend Wednesday’s proceedings.

‘Dramatic surrender’

The letter came days after a dramatic attempt by Mr Bello, accompanied by his successor, Kogi State Governor Usman Ododo, to surrender himself at EFCC’s headquarters in Abuja on 18 September.

EFCC reportedly refused to arrest Mr Bello and instead attempted to apprehend him at the Kogi State Government Lodge in Asokoro, Abuja, where he was being sheltered by Governor Ododo on the same day.

The encounter resulted in hours-long shootout following a confrontation that reportedly ensued between EFCC operatives and the governor’s security details.

Mr Bello reportedly escaped from the scene in Mr Ododo’s convoy amid the chaos that erupted.

EFCC scantily commented on Mr Bello’s reported visit to its premises but has maintained an absolute silence about the shootout incident later that day.

Its statement issued in-between Mr Bello’s visit to the EFCC and the late-night shooting incident only denied having Mr Bello in custody and insisted that he remained a wanted person. However, it neither confirmed nor denied the former governor’s visit to the commission’s headquarters.

The prosecutor’s letter requesting Mr Bello’s appearance in court on Wednesday feigned ignorance of Mr Bello’s visit to the commission that day, despite undisputed photos circulating online showing Mr Bello and Mr Ododo having a conversation with the agency’s top officials on the commission’s premises.

Failed efforts to stop trial

The EFCC charged Mr Bello with 19 counts of money laundering before the Federal High Court in Abuja after he completed his second and final term as governor in January.

The commission alleged in the charges that the former governor diverted more than N80 billion from the Kogi State Government’s treasury as governor of Kogi State.

A nephew of the former governor, Ali Bello, is standing trial along with others in a related case also at the Federal High Court in Abuja.

However, since filing the charges against Mr Bello, the commission has not been able to bring him to court for arraignment.

He has snubbed six court sessions scheduled for his arraignment, as he intensified legal efforts, including filing legal actions before the trial judge, Kogi State High Court and the Court of Appeal, to stop the trial.

At a point, he wrote the Chief Judge of the Federal High Court, John Tsoho, to transfer the case to the Lokoja Division of the court. But the Chief Judge rejected the request and asked him to present the request before the trial judge. The trial judg, Mr Nwite, similarly refused the application.

In April, EFCC declared him wanted after a failed attempt to arrest him at his residence in Abuja.

Later in August, the Court of Appeal in Abuja reaffirmed the power of the EFCC to prosecute the former governor.

A three-member bench of the appeal court which sat on the case unanimously dismissed Mr Bello’s appeal against certain decisions of the trial judge. The appeal court threw out the former governor’s preliminary objection to the trial.

Mr Bello challenged the Federal High Court’s decision ordering the service of the charges and proof of evidence on his lead counsel.

However, the Court of Appeal validated the service as ordered by the trial court.

“What is more? Section 379 of the Administration of Criminal Justice Act (ACJA) allows service on the Defendant or his legal practitioner,” Mr Amadi held in the lead court’s lead decision.