Appeal Court Orders Ex-Kogi Gov Yahaya Bello To Appear For His Trial
The Court of Appeal in Abuja has directed former Kogi State Governor Yahaya Bello to present himself for arraignment. The court also prohibited Bello from taking any further actions related to the charges against him until he is formally arraigned.
In a unanimous decision delivered by Justice Ken Amadi on Tuesday, the Court allowed the appeal filed by the Economic and Financial Crimes Commission (EFCC) against a judgment by Justice Isah Abdullahi Jamil of the Kogi State High Court, which had been issued in February 2024 in response to a fundamental rights case brought by Bello.
The Court of Appeal found the EFCC’s appeal, argued by Senior Advocate of Nigeria Jibrin Okutepa, to be well-founded. It criticized the lower court’s ruling, describing it as an attempt to shield Bello from his criminal trial. The appellate court adopted the two issues raised by the respondent, noting that the trial judge had the charge in the case of FRN vs. Ali Bello & Anor (FHC/ABJ/CR/550/2022) but still set Bello free under the pretence of enforcing his fundamental rights.
The Court also referenced a previous decision by Justice Olubunmi Oyewole JCA in EFCC vs. Alh. Yahaya Bello (CA/ABJ/CV/413/2024), emphasising that no court has the authority to prevent a law enforcement agency from carrying out its statutory duties.
Ultimately, the Court of Appeal agreed with the EFCC’s arguments, deeming the appeal meritorious and allowing it. The court further ruled that under Section 396(2) of the Administration of Criminal Justice Act (ACJA), Yahaya Bello must appear for arraignment in Charge No.: FHC/ABJ/CR/550/2022 (FRN vs. Ali Bello & Anor) before taking any other steps in the matter.
In February 2024, the former governor had sought an order from the Kogi State High Court to prevent his arrest, and Justice Jamil had issued an injunction restraining the EFCC from arresting or attempting to arrest him.
