Abuja judge rules Yahaya Bello must still appear in court despite illegally obtained arrest warrant
A Federal High Court in Abuja has granted the application by the Economic and Financial Crimes Commission (EFCC) for former Kogi Governor, Alhaji Yahaya Bello, to attend his trial. Justice Emeka Nwite announced the ruling, emphasising that the former governor must demonstrate respect for the court by appearing in person before seeking any further action.
The judge stressed that even if the arrest warrant was obtained illegally, Bello should have honored the court’s summons. The court had initially scheduled May 10 for the decision on Bello’s request to quash the arrest warrant issued on April 17.
The arrest warrant was issued after the EFCC lawyer, Rotimi Oyedepo, SAN, filed an ex-parte application before the judge. Bello’s legal representative, Adeola Adedipe, SAN, appealed on April 23 to revoke the arrest warrant, arguing that it was unnecessary as their lead counsel had accepted the charge on the ex-governor’s behalf.
Adedipe contended that the arrest warrant should be set aside suo motu since it was issued before the formal service of the charge.
The senior lawyer argued that contrary to Pinheiro’s submission that the ex-governor must be in court first before any application could be entertained being a criminal case, he said the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.
The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.
According to him, the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.
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“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.
He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.
He said for Bello to appear in court, he must have the notion that he would get justice.
Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.
He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.
He therefore asked the judge to vacate the arrest warrant against the former governor.
But Pinheiro vehemently opposed the application.
The appropriateness of the siege on Bello’s residence by operatives of the Commission about two weeks ago had elicited a heated debate across the country, particularly with the realisation that there had been a restraining order against such action, which had not been vacated as of the time of such action.
