The hearing of the appeal by the Economic and Financial Crimes Commission (EFCC) to remove all legal hindrances in its efforts to arrest and prosecute the immediate past governor of Kogi state was, on Monday, stalled before the Abuja Division of the Court of Appeal because of a conference organised for judges by the National Judicial Institute (NJI).
The anti-graft agency has approached the court to set aside the interim injunction by the High Court of Kogi State, barring it from arresting the former governor.
Bello, who is facing a 19-count charge of alleged complicity in money laundering, breach of trust, and misappropriation of funds to the tune of about N80.2 billion, relied on the order he secured from a High Court in Kogi State to turn down invitations from the anti-graft agency.
Bello failed to appear before Justice Emeka Nwite of the Federal High Court in Abuja last week for his planned arraignment.
Even though Bello was absent to take his plea, his team of lawyers, led by Mr Abdulwahab Mohammed (SAN), informed the court of the pendency of the matter before the appellate court.
Mohammed contended that it was wrong for the EFCC to apply for an arrest warrant against the former governor when the appellate court had already seized the facts of the case.
He told the court that the ex-governor had, on February 9, secured an order from a high court in Kogi State, restraining the EFCC from inviting, arresting, or prosecuting him over the subject matter of the charge against him.
However, the EFCC’s legal team, headed by Mr Kemi Pinheiro (SAN), urged the court to proceed with the trial, even as it accused the ex-governor of deliberately attempting to frustrate the case against him.
In its notice of appeal filed on March 11 to set aside the interim restraining order granted by the trial court, the anti-graft agency maintained that the court in Kogi State lacked the jurisdiction to assist Bello in escaping trial.
The EFCC said, “Whatever orders made when the court lacks jurisdiction are null and void orders. We, therefore, most respectfully urge this court to allow this appeal and to set aside the interim orders made by the trial Court on February 9, 2024, in the interest of justice.”
The EFCC’s lawyer also argued that the interim restraining order had elapsed since Justice Isa Abdullahi of the Kogi State High Court had also delivered judgement in the substantive fundamental rights enforcement suit the ex-governor filed to prevent his arrest and prosecution.
In the said judgement, Justice Abdullahi directed the EFCC to seek leave of court before taking further step against the defendant.
Pinheiro argued that the prosecution acted in order and in line with the judgement when it approached the court in Abuja for a date to arraign the defendant as well as a warrant of arrest to secure his attendance.
More to come…
ALSO READ THESE TOP STORIES FROM TheWitness
