The Economic and Financial Crimes Commission (EFCC) has warned that it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.
The warning is coming after the EFCC on Wednesday made an attempt to arrest the former Governor of Kogi State, Yahaya Bello but met a brick wall of resistance.
The EFCC operatives had on Wednesday mounted surveillance around the home of Bello on No 9 Benghazi Street ,Wuse Zone 4, Abuja, apparently to effect his arrest.
The EFCC operatives retreated shortly after the sitting Governor of Kogi, Usman Ododo, who paid Bello a visit departed around 4.30 pm.
It was, however, not clear whether Ododo, who had arrived the premises of Bello with his convoy around 2.30 pm went away with the former governor or left him behind.
The EFCC has said Section 38(2)(a(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties.
“Culprits risk a jail term of not less than five years,” the EFCC said in a statement.
The statement further reads: “This warning becomes necessary against the background of the increasing tendency by persons and groups under investigation by the Commission to take the laws into their hands by recruiting thugs to obstruct lawful operations of the EFCC.
“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order. Regrettably, such disposition is being construed as a sign of weakness.
“The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions”.
Bello vs EFCC: Confusion as 2 High Courts issue contrasting orders
Meanwhile, a Federal High Court, Abuja, on Wednesday ordered that a warrant be issued to the EFCC for the immediate arrest of 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.
Earlier, 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.
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.
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.
Alleged N80.2billion Money Laundering: EFCC Arraigns Yahaya Bello April 18
Meanwhile, the EFCC will on Thursday, April 18, 2024 (today) arraign Bello before a Federal High Court sitting in Abuja.
He will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246, 470, 088.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo).
Bello’s arraignment is coming on the heels of a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024.
Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended”.
Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3, 081, 804,654.00 (Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
Count 18 of the charges reads: “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders international Limited to transfer the aggregate sum of $570,330.00 (Five Hundred and Seventy Thousand, Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.
The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024. The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle. As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024.
It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.