Femi Falana Debunks Allegations Against EFCC in Yahaya Bello Case: Clarifies Legal Standpoint

Senior Advocate of Nigeria, Femi Falana, has criticized the allegation that the Economic and Financial Crimes Commission (EFCC) disobeyed the orders of the Kogi State High Court by seeking to arrest and arraign former governor Yahaya Bello before the Federal High Court in Abuja.

Falana cited excerpts from the Kogi State High Court judgment and contended that the accusation is unfounded and that the court did not issue such broad orders as claimed by Bello.

In the case of Yahaya Bello v Economic and Financial Crimes Commission (Suit No HCL/68M/2024), the Applicant sought various reliefs, including a declaration that the continuous harassment, threats of arrest and detention, negative publicity, and malicious prosecution of the Applicant without a formal invitation, allegedly at the behest of the Applicant’s political opponents in Nigeria on false and politically motivated corruption charges, constitute an abuse of executive powers, misconduct in public office, misuse of power, and an unwarranted infringement on the Applicant’s Fundamental Rights (right to liberty, freedom of movement, and fair hearing) guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Falana clarified that the court instructed the EFCC to present any allegations against the former governor before the Federal High Court or another suitable court. The Kogi State High Court issued an order to safeguard Mr. Yahaya Bello’s fundamental rights to personal liberty and freedom of movement, directing the EFCC to bring forth any criminal charges, allegations, or complaints regarding offenses within its jurisdiction that the Respondent reasonably believes the Applicant to have committed.

Falana emphasized that by levying charges of money laundering amounting to over N80 billion against Mr. Yahaya Bello at the Federal High Court, the EFCC has dutifully adhered to the Kogi State High Court’s directive. Similarly, the Federal High Court’s order for the arrest of Mr. Yahaya Bello for the purpose of his arraignment aligns with the Kogi State High Court’s ruling.

A certified true copy of the Kogi State High Court judgment is enclosed for your review. Refer to pages 31 and 32 for the orders issued by the Kogi State High Court.