From Godwin Tsa Abuja
After several months of intense drama between the Economic and Financial Crimes Commission (EFCC) and the immediate past governor of Kogi State, Yahaya Bello, many critical observers are patiently waiting for what the anti-graft agency will do next in the case which had become a major issue of public discourse.
It all began when the EFCC had declared the former governor a fugitive of the law after several efforts to get him give answers to corruption allegations against him.
While Justice Emeka Nwite of the Abuja division of the Federal High Court in Abuja, had on April 17, 2024 issued a warrant of arrest against Bello, in respect of an N80 billion money laundering charge filed against him at the court, Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) had on October 3, 2024 issued a Public Summons, ordering Bello to also appear before her court over a similar charge, but this time, to the tune of N110 billion.
But today, the story has changed as the former governor had for the second time, submitted himself to the EFCC for interrogation.
The first time Bello submitted himself to the anti-graft agency, he went with a large contingent of supporters, including his successor, Usman Ododo.
But rather than arrest Bello, EFCC allowed him to go only for their operatives to show up hours later at his residence with guns. Bello returned to the EFCC last week and this time, the commission did the needful by interrogating him and bringing him to court for trial.
In a-16- count charge marked CR/7781/2024, bordering on criminal breach of trust, the EFCC accused Bello, Umar Shuaibu Oricha and Abdulsaami Hudu of spending over N110 billion of public funds to acquire several properties in Abuja and Dubai.
The defendants, however, pleaded not guilty to all the charges following which their lawyers moved their respective applications for bail, which were at the same time objected to by the anti-graft agency.
The EFCC’s lawyer, Mr Kemi Pinheiro, SAN, had based his objection on the fact that Bello is facing charges at the Federal High Court and has refused to appear there to take his plea.
Justice Anenih in a short ruling, held that her decision in the bail applications would be delivered on December 10 and directed that the three defendants should remain in the custody of the EFCC till then.
Meanwhile, the EFCC on Friday, November 29, 2024 again took him for arraignment before Justice Emeka Nwite of the Federal High Court for arraignment on another 19-count charge that bordered on his alleged complicity in an N80.2billion fraud.
But the arraignment was stalled due to the absence of counsel representing the former governor in court.
Consequently, Justice Nwite declined to allow EFCC, to arraign Yahaya Bello, in the absence of his lawyers.
Justice Nwite observed that it will not be in the interest of justice to proceed with the arraignment and subsequently declined.
“The matter came up on October 30, 2024. It was adjourned to January 21, 2025. From the statement of the defendant, his lawyers are not aware of today’s date. In the interest of fair hearing, I will not proceed for arraignment.
“The prosecution should serve the defendant’s lawyer with the application for abridgment of time while we come back to take that.
“This matter is peculiar. It is peculiar in the sense that we have already agreed on a date, which is in January.
“It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel,” the Judge said.
Also, following request by Pinheiro, the court adjourned till December 13, 2024 and directed EFCC’s lawyer to apply for an abridgement of time and serve notice of same on Bello’s lawyer.
Now that he is in the custody of the Economic and Financial Crimes Commission (EFCC) and his trial has commenced, analysts have called on the commission to exercise a little bit of decorum including the camp of the former governor in what has become a sordid drama.
Now that EFCC and Bello are now before the court of competent jurisdiction, Nigerians expect fair hearing and reportage on what transpired before the court.
The point must be made that Bello is presumed innocent until proven otherwise by the court.
Fighting corruption is a serious matter and all hands must be on deck to reduce the menace to the barest minimum.
While insisting that the former governor and his co-defendants are still innocent in the eye of the law, until proven otherwise, critical observers insist that: “Whatever may be the evidence against him, we hope the agency will appreciate the fact that the former governor remains an innocent man in the eyes of the law.”
Their position is that “rather than resort to media trial, gossip and name-calling, what Nigerians expect of EFCC is to ensure that those who fleece the country and its people of their resources should have their day in court and be made to pay for their infractions.
“We therefore urge EFCC not only to bark in the media but indeed bite in court through diligent prosecution of accused persons. While stories of billions of Naira allegedly stolen by politically exposed persons, are on the pages of newspapers, they are largely unsubstantiated when trial begins.
Besides the issue of Media trial, stakeholders in the fight against corruption argue that the commission should embark on diligent prosecution. “Unfortunately, due to poor preparation and shabby presentation, the EFCC has been losing many of their cases. In several instances, the charges often preferred against some of the suspects are later dramatically dropped on account of lack of diligent prosecution.
“Indeed, it’s time for the EFCC to be professional and shed toga of persecution of opponents at the instance of some power brokers at the Villa.
“Some politically exposed persons are being treated with kid gloves. For instance, Minister of State for Defence, Bello Matawalle is walking freely without invitation by the EFCC.
“Nothing has happened since ex-Governor Kayode Fayemi honoured EFCC’s invitation in its Ilorin office. Nothing was done to Tunde Ayeni after he was arraigned by Ibrahim Magu before he was removed from office.”
The expectation in many quarters is that the EFCC Chairman, Olukayode must walk the talk and do the needful as the country needs convictions of high profile cases and not sensational reportage on Yahoo yahoo boys.
In the estimation of many analysts, while Nigeria is consistently ranked as one of the most corrupt countries in the world, it is the duty of the anti-corruptions agencies to wholistically go after corrupt Nigerians and avoid selective prosecution. This will launder the battered image of Nigeria and attract foreign investment in the economy.
