The government on Thursday added Yahaya Bello, the former Governor of Kogi State, to a watchlist to stop him from leaving the country.
The Nigerian Immigration Service, in a circular dated April 18, 2024 and signed by Assistant Comptroller of Immigration DS Umar, for the Comptroller-General, Kemi Nandap, alerted the police and the Department of State Services to arrest the former governor.
This happened after the Economic and Financial Crimes Commission declared Bello wanted for an alleged N80.2bn money laundering case. The EFCC made the declaration on its official Facebook page after they could not arrest him in Abuja on Wednesday.
Also, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) and Abdulwahab Mohammed (SAN), Bello, on Thursday, disagreed over the foiled attempt by the EFCC to arrest the former governor.
But the NIS, in its circular, sent copies to the DSS and the police, detailing the name, nationality and passport number of the former Governor (B50083321).
The circular seen by The PUNCH, was signed by Assistant Comptroller of Immigration DS Umar, for the Comptroller-General, Kemi Nandap.
Nanadap stated, “I am directed to inform you that the above-named person has been placed on the watch list.
“It's important to mention that the subject is being prosecuted before the Federal High Court Abuja for Conspiracy, Breach of Trust and Money Laundering vide letter Ref; CR; 3000/EFCC/LS/EGCS.1/ TE/Vide/1/279 dated April 18, 2024.
“If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation or contact 08036226329/07039617304 for further action.”
Bello declared wanted
On its part, the EFCC in its Facebook post, stated, “The public is hereby notified that Yahaya Adoza Bello (former Governor of Kogi State), whose photograph appears above, is wanted by the Economic and Financial Crimes Commission in connection with an alleged case of Money Laundering to the tune of N80,246,470,089.88
“Bello, a 48-year-old Ebira man, is a native of the Okenne Local Government of Kogi State. His last known address is: 9, Benghazi Street, Wuse Zone 4, Abuja.”
The notice asked anybody with useful information about the former governor’s whereabouts to contact any of the commission’s offices across the country.
The latest development followed Bello’s absence from the Federal High Court in Abuja, where he was scheduled to be arraigned on Thursday.
Bello’s altercation with the EFCC began on Wednesday when the operatives of the anti-graft commission laid siege to his Benghazi street, Wuse Zone 4, Abuja residence in a bid to arrest him ahead of his planned arraignment for money laundering on Thursday.
The EFCC operatives barricaded the street, preventing vehicular traffic in the area.
But the ex-governor refused to grant the operatives access to his residence or give himself up, leading to a stand-off which lasted for several hours.
During the tense situation, the governor of Kogi State, Usman Ododo, went to his predecessor's house with a lot of security personnel.
About two hours later, he drove away with Bello in his car, thus assisting him in avoiding arrest.
About 10 minutes after the governor and Bello left, the EFCC operatives retreated and returned to their office without catching anyone.
Angry about the situation, the EFCC issued a statement warning that they would not tolerate the obstruction of their operatives while they are doing their job.
In a statement on Wednesday signed by the EFCC spokesperson, Dele Oyewale, the commission said, "The EFCC wants to alert the public that it is a criminal offense to obstruct commission officers from doing their legal duties."
Quoting the legal provisions, Oyewale mentioned that offenders could be sentenced to at least five years in prison.
In response to Bello's refusal to surrender to the EFCC, the AGF strongly criticized the trend of citizens teaming up to obstruct EFCC officials while they are doing their lawful duty.
The AGF described the situation as strange in a statement, saying it would not be accepted.
Fagbemi said, "The strange drama facing the EFCC in the process of performing its legal duty has come to my attention as a very serious concern.
"It is now beyond doubt that the EFCC has the power by law to invite any person of interest to communicate with them during their investigation into any matter, regardless of status.
"Therefore, when invited, the least we can do is not to obstruct the EFCC but to honorably respond to their invitation.
"A situation where public officials who are themselves protected by law enforcement agents will organize a tactic to obstruct the EFCC's civil and commendable efforts to perform its duty is, to say the least, extremely disturbing.
The AGF stated that he would not hesitate to control any law enforcement agency that violates the fundamental human rights of citizens.
Warning Bello about evading the law, Fagbemi noted, "Avoiding the law does not solve the problems but only makes them worse.
"I state clearly that I support the rule of law and will promptly caution the EFCC and any other agency if there is any indication of violating the fundamental rights of any Nigerian by any of the agencies, but I also strongly believe that State institutions should be allowed to function effectively and efficiently.
But explaining his client's action, Mohammed mentioned that the ex-governor had obtained an order from a Kogi State High Court on February 9, preventing the EFCC from inviting, arresting, or prosecuting him over the subject matter of the current charge against him.
He added that the EFCC had appealed against the order, which was still pending.
Speaking to Justice Emeka Nwite of the Federal High Court, Abuja, who was set to preside over the money laundering charge against the ex-governor during the proceeding on Thursday, the ex-governor's lawyer, Mohammed, said his client had already filed a preliminary objection to challenge the legal correctness of his planned arraignment and trial.
The former governor did not appear in court, so the arraignment could not proceed.
Bello’s lawyer
Bello’s lawyer told the court that they were trying to make this court clash with the Court of Appeal by rushing to get a warrant for arrest for someone who is already a defendant.
Bello’s lawyer argued that this court only has the jurisdiction to consider their motion challenging its jurisdiction to hear this charge.
Bello's lawyer described the situation at Zone 4 Abuja as unfortunate, where they surrounded the ex-governor's house while he was in Lokoja waiting for a judgment in his rights enforcement case.
The lawyer emphasized that issuing a warrant against a defendant who is already before the court and has legal representation is unnecessary and could lead to violence.
They wanted the Court of Appeal to cancel the restraining order, but the Appeal Court refused.
Bello's lawyer urged Nwite to cancel the arrest warrant issued against his client, claiming that the court was misled.
The EFCC prosecutor, Kemi Pinheiro (SAN), threatened to involve the military to arrest Bello and bring him to court for arraignment.
The prosecutor mentioned that immunity does not apply to a building and suggested that if necessary, they would seek military assistance to bring Bello to court.
He warned that they would uphold the constitution and bring Bello to court, even if it meant involving the military.
The prosecutor stated that the constitution supersedes individuals and warned Bello not to challenge it.
He cited a former U.S. president's case as an example of someone facing trial without delaying tactics.
The prosecutor encouraged the defendant to come and defend himself in court instead of filing unnecessary applications to delay the trial if he believes he is innocent.
The case was adjourned until April 23, 2024.
Some civil society organizations advised the EFCC to respect the courts while fighting corruption.
Civil society organizations cautioned the EFCC and other anti-graft agencies against violating the rights of corruption suspects in the course of enforcing the law.
The media briefing was attended by various representatives from civil society organizations and human rights advocacy groups.
The activists pointed out that the public confrontation between the EFCC and the former governor of Kogi state was unnecessary and unfortunate.
Adeniran stated that the EFCC's haste to make an arrest while the Court of Appeal hearing on its request to lift the restraining order was just a few days away might support the claims of political persecution.
Adeniran said, "Mr. Olukoyede (EFCC chairman) is my friend. But if he starts disregarding the rule of law, then that marks the end of our friendship."
He further explained, "We don't see Yahaya Bello as a saint, but even the devil has rights under the law. Court documents show that the former governor obtained a high court order against the EFCC to prevent his arrest or prosecution until his fundamental human rights case is resolved, which the commission has rightfully appealed to overturn.
"The commission has followed due legal processes up to this point because it cannot move forward with the arrest without overturning that order," the activists emphasized.
Referring to court documents, the activists highlighted that a hearing on the appeal is scheduled for April 22 in Abuja.
'However, unexpectedly yesterday (Wednesday), news of the failed arrest of the former governor by the commission spread. One would have expected the commission to wait for the outcome of its appeal before pursuing the suspect.
"We believe it is wrong to disregard a court order currently under appeal at the commission's request and to obtain an arrest warrant from another court for the same suspect," they stated.
The CSOs observed that the EFCC's actions on Wednesday amounted to the agency anticipating the result of its appeal and breaching an existing and valid court order to pause action while the case is ongoing.
They also stated, "Our layman's understanding is that a court of equal authority cannot assume superiority over another."
Gbenga Soloki of the Centre Against Injustice and Domestic Violence expressed that civil societies in Nigeria would strongly protest any attempt to use the military to arrest an individual who has not been accused of treason.
“It is highly disappointing to hear this afternoon that EFCC is threatening to involve the military in their desperation to forcefully or violently arrest an individual who has not been accused of treason.
He cautioned, "If this happens, we will be globally ridiculed. Civil society will actively protest against such a grave violation of our democracy if it occurs as threatened. It's better if it never happens."
The CSOs urged the EFCC to combat, prevent, and prosecute corruption cases strictly within the framework of the laws established to regulate their interaction with corruption suspects.
They emphasized that laws, including the regulations of the Nigerian criminal justice system and court procedures, should be obeyed by both state and non-state actors in a non-discriminatory manner.
The CSOs remembered that when Ola Olukoyede became the Chairman of the EFCC last year, he promised to strictly follow the law.
“For those who might interpret this intervention as their usual behavior, this is more than just about Yahaya Bello. Injustice to anyone should not be tolerated because it could happen to you in the future,” they observed.
So, the activists urged the EFCC to go back to the previous situation until its appeal is decided and the restraining order is lifted, saying “That is the requirement of the law.”
