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Bello vs EFCC: Confusion as 2 High Courts issue contrasting orders

A Federal High Court, Abuja, on Wednesday ordered that a warrant be issued to the Economic and Financial Crimes Commission (EFCC) for immediate arrest of former Governor of Kogi, Alhaji Yahaya Bello.

Justice Emeka Nwite, in a ruling on EFCC’s ex-parte motion, held that after listening to the submission of commission’s counsel, Rotimi Oyedepo, SAN, and reading the affidavit in support of the motion, including the exhibits and written address, he was inclined to grant the application.

The News Agency of Nigeria (NAN) had, earlier reported that a High Court sitting in Lokoja on Wednesday, restrained the EFCC from arresting, detaining and prosecuting Bello

Justice I. A. Jamil, who gave the order in a two-hour judgment delivered in suit no HCL/68/M/2020, held that infringing on Bello’s fundamental human rights “is null and void”.

The judge, who dismissed the commission’s application challenging the jurisdiction of the court, said: “By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant.

“This is a definite order following the earlier interim injunction given.”

However, in a ruling delivered by Justice Nwite on Wednesday, the judge ordered that a warrant be issued to the commission for Bello’s immediate arrest.

He also directed that the former governor be produced before the court on April 18 for arraignment.

“It is hereby ordered as follows:

“That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.

“That case is adjourned to 18th day of April, 2024 for arraignment,” he declared.

NAN reports that the EFCC, in the motion ex-parte marked: FHC/ABJ/CR/98/2024 dated April 16 and filed April 17, sought six orders.

These include “an order granting leave to the complainant/applicant to effect service of the charge together with the proof of evidence on the defendant by substituted means to wit; by pasting the charge at the last known address of the defendant within the jurisdiction of this honourable court being: 9, Benghazi Street, Wuse Zone 4, Abuja.

“An order directing and/or issuing an arrest warrant for the immediate arrest of the defendant for the purpose of bringing him before this honourable court for arraignment.”

In the alternative, the anti-graft agency sought an order issuing and directing the publishing of a public summons requiring/ commanding the defendant to appear before the court on a named date, among others.

NAN reports that the conflicting orders came after the EFCC had appealed against the initial order, and the appeal was scheduled for hearing on April 22 in Appeal No: CA/ABJ/CV/175/2024 between EFCC and Alhaji Yahaya Bello.

The Yahaya Bello Media Office had, in a statement signed by Onogwu Mohammed, alerted the nation to a siege on the former Governor’s Abuja residence

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Written by Nike

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