The Economic and Financial Crimes Commission (EFCC) has filed an appeal at the Court of Appeal in Abuja to set aside an interim injunction that has prevented the arrest of former Kogi State Governor, Alhaji Yahaya Bello.
Bello is facing a 19-count charge of money laundering, breach of trust, and misappropriation of funds totaling about N80.2 billion. He has relied on an injunction obtained from a High Court in Kogi State to avoid appearing before the anti-graft agency.
**Bello’s Lawyers’ Argument**
Bello’s lawyers, led by Mr. Abdulwahab Mohammed, SAN, argued that the EFCC’s application for an arrest warrant was improper because the appellate court was already considering the case. They claimed that Bello had secured an interim order from the Kogi State High Court on February 9, restraining the EFCC from arresting or prosecuting him.
**EFCC’s Response**
The EFCC’s legal team, headed by Mr. Kemi Pinhero, SAN, urged the court to proceed with the trial, alleging that Bello was intentionally delaying the proceedings. They argued that the Kogi State High Court lacked jurisdiction to issue the injunction and that it had expired after Justice Isa Abdullahi delivered a judgment in Bello’s fundamental rights enforcement suit.
**EFCC’s Appeal**
In its notice of appeal filed on March 11, the EFCC contended that the Kogi State court lacked the authority to assist Bello in evading trial. The agency argued that any orders issued by a court without jurisdiction were null and void.
**Pinhero’s Arguments**
Pinhero, SAN, further stated that the prosecution had acted lawfully in pursuing an arrest warrant and arraignment date since Justice Abdullahi’s judgment had lifted the interim injunction.
**Justice Abdullahi’s Judgment**
According to Justice Abdullahi’s judgment:
* Bello’s fundamental rights to liberty and freedom of movement were upheld.
* The EFCC was restrained from arresting or prosecuting Bello based on the pending charges in Abuja.
* The EFCC was directed to bring any charges against Bello before the Federal High Court or an appropriate court.
* The EFCC was prohibited from arresting or detaining Bello for financial crimes without obtaining prior approval from a superior court. CONTINUE READING
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