Popular Human Rights lawyer, Femi Falana SAN, has revealed that no court of law can prevent the Economic and Financial Crimes Commission from prosecuting the immediate past governor of Kogi state, Yahaya Bello, over alleged theft of N84bn from the state’s account.
This is coming following the declaration by the former governor that the EFCC had disobeyed a court order by attempting to arrest him to answer the charge of the alleged N84bn theft.
Recall that some officers of the commision on Wednesday, barricaded the Abuja home of Bello.
However in a statement made available, yesterday, Falana said that the move by the EFCC was tenable as Bello had lost his immunity from arrest and prosecution.
The statement reads: “By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.
READ MORE: Alleged N84bn Fraud: EFCC Storms Yahaya Bello’s House In Abuja (Pictures)
“The allegation made by Ex-Governor Yahaya Bello that the Economic and Financial Crimes Commission has disobeyed a court order by attempting to arrest him to answer the charge of N84 billion theft is legally untenable. As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria.
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him. In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.
“In view of the foregoing, the police officers who prevented the Economic and Financial Crimes Commission from arresting the suspect have committed a grave criminal offence. The Inspector-General of Police, Dr. Kayode Egbetokun should withdraw the said police officers from the private residence of Mr. Bello without any delay and have them charged for obstruction of justice.”
