Posted by Samuel on Fri 19th Apr, 2024 - tori.ng
Falana, citing some paragraphs from the judgement of the Kogi State High Court, stated that the allegation "is completely baseless," adding the court did not grant such wide orders as being claimed by Bello.
Femi Falana, a Senior Advocate of Nigeria, has criticized the claim made by the embattled former governor of Kogi State, alleging that the Economic and Financial Crimes Commission disobeyed the orders of the Kogi State High Court by attempting to arrest and arraign him before the Federal High Court in Abuja.
Falana, citing some paragraphs from the judgement of the Kogi State High Court, stated that the allegation "is completely baseless," adding the court did not grant such wide orders as being claimed by Bello.
He said, "In Yahaya Bello v Economic and Financial Crimes Commission (Suit No HCL/68M/2024) filed at the Kogi State High Court, the Applicant sought the following reliefs:
"A DECLARATION that the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution of the Applicant without any formal invitation, upon the instigation of the Applicant’s political adversaries in Nigeria upon the false and politically motivated allegation of corruption is a misuse of executive powers, a misfeasance in public office, abuse of power and an unjustifiable interference with the Fundamental Rights of the Applicant (right to liberty, freedom of movement and fair hearing) guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
"AN ORDER enforcing the fundamental rights of the Applicant to liberty and freedom of movement and fair hearing, by restraining the Respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining, prosecuting or persecuting the Applicant, on the basis of the false allegation of corruption made by the Applicant’s political adversaries and the Respondent.
"AN ORDER securing the enforcement of the fundamental rights of the Applicant to liberty, freedom of movement, and fair hearing by requiring the Respondent to bring before the Court any evidence, complaints, material and allegations supported by evidence that it may obtain after the judgment of this court upon which it may believe that the Applicant is suspected to have committed or is guilty of any offence and obtain the court’s leave before taking any steps whatsoever (including inviting, arresting, detaining prosecuting for any reason) against the Applicant henceforth.
"AND for such further or other order(s) as this Honourable Court may deem fit to make in the circumstance."
The legal luminary explained that though Justice Isa Jamil Abdullahi upheld the fundamental right of the Applicant to personal liberty and freedom of movement, the court directed the EFCC to bring before the Federal High Court or any other appropriate court allegations against the former governor.
Explaining it, Falana said, "For the avoidance of doubt, the Kogi State High Court ordered as follows: "AN ORDER is hereby granted enforcing the Fundamental Rights of the Applicant to liberty and freedom of movement and fair hearing by restraining the Respondent by themselves, their agents, servants or privies from continuing to harass, threaten or detain or in any manner whatsoever arresting, detaining or persecuting the Applicant, on the basis of the criminal charges now pending before the Federal High Court, Abuja to wit: Charge No: FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor. Without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.
"AN ORDER is hereby granted directing the Respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the Applicant is reasonably believed by the Respondent to have committed any offence subject of its jurisdiction, provided that the Respondent shall not invite, arrest or detain the Applicant on account of a reasonable belief that the Applicant has committed any financial crime, without first obtaining the leave of a superior court of Record, especially haven regard to the antecedents of the Respondent in the manner it has managed its engagements with the Applicant."
Falana stated that from the foregoing, it is "indubitably" clear that the Kogi State High Court granted an order to enforce the fundamental rights of Mr. Yahaya Bello to personal liberty and freedom of movement.
"The order was made ‘without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.’”
According to him, the Kogi State High Court specifically directed the EFCC "to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or complaint in respect of whereof the Applicant is reasonably believed by the Respondent to have committed any offence .."
"Therefore, by filing charges of money laundering of over N80 billion against Mr. Yahaya Bello at the Federal High Court, the EFCC has diligently complied with the order of the Kogi State High Court.
"In the same vein, the order made by the Federal High Court for the arrest of Mr. Yahaya Bello for the purpose of his arraignment is equally in line with the order of the Kogi State High Court.
"A certified true copy of the judgement of the Kogi State High Court is hereby attached for your perusal. See pages 31 and 32 thereof for the orders granted by the Kogi State High Court."