Bello Vs EFCC: North Central Progressive Voice Meets Gen. Ibrahim Babangida in Minna
In an open letter addressed to President Bola Ahmed Tinubu, the North Central Progressive Voice, a Pan-Nigerian sociocultural group, expressed deep concern over recent actions taken by the Economic and Financial Crimes Commission (EFCC) against former Governor Yahaya Bello of Kogi State.
Read: Yahaya Bello and rule of law: Why EFCC’s Gestapo will fail
The letter, signed by the group’s convener, Comrade Umar Gambo highlights the need for President Tinubu to intervene and prevent further escalation of the situation, which they fear could bring the administration to public odium.
The group in Minna the Niger State Capital Saturday 27/4/2024 at the NUJ Press Center Minna addressed a World Press Conference and Took A solidarity walk along the streets Of Minna before Submitting the Copy of the Open Letter to Former Military President General Ibrahim Babangida for onward Communication to President TINUBU.
The letter, dated April 27th, 2024, begins with a respectful greeting to President Tinubu and outlines the organization’s dedication to upholding the independence of the judiciary and civil society.
It recounts the events of April 17th, 2024, when the EFCC conducted a raid on Yahaya Bello’s home, allegedly in connection with charges of money laundering.
The group expresses concern over the EFCC’s actions and potential violations of constitutional principles and the rule of law.
Drawing attention to a court order issued by the Lokoja High Court on February 9th, 2024, which prohibited the EFCC from arresting or prosecuting Yahaya Bello, the letter highlights the EFCC’s subsequent appeal and the pending motion for a stay of execution.
The group criticizes the EFCC’s decision to secure a warrant for Bello’s arrest from another court while the appeal was still pending, emphasizing the importance of due process and respect for judicial authority.
Although EFCC have Written to the Appellate Court on Wednesday 27/4/2024 seeking the withdrawal of the Appeal on the Restraining order Granted Alhaji YAHAYA BELLO earlier by the Kogi State High Court in Lokoja, Nigerians are disappointed and embarrassed.
Legal expert Frank Tietie, speaking in an interview with Arise News, criticized the EFCC’s handling of the case, stating that the commission did not conduct itself properly and urging Bello to exhaust all available remedies.
In a Similar reaction, Bar. Daniel Bwalla Criticised the actions of the EFCC especially the Press Conference by the EFCC Boss which he described as a Media trial or SUBJUDICE.
Several Legal experts have condemned the EFCC’s actions and stressed the importance of obeying court orders.
The letter calls upon President Tinubu to use his experience in navigating political challenges to address the EFCC’s unjust attempt to arrest Bello in defiance of a standing court order.
It urges President Tinubu to hold the EFCC accountable for its actions and prevent further violations of Bello’s civil rights, emphasizing the importance of upholding due process even for law enforcement agencies.
In conclusion, the North Central Progressive Voice expresses gratitude to President Tinubu for his prompt attention to the matter and assures him of their utmost regards.
This open letter serves as a public appeal to President Tinubu to intervene and ensure that the EFCC respects the rule of law and upholds due process in its actions against former Governor Yahaya Bello.
The letter reads, “On behalf of the North Central Progressive Voice, a Pan-Nigerian Sociocultural group, we extend our greetings to you, President Bola Ahmed Tinubu, the esteemed leader of our nation.
We find ourselves compelled to communicate with you through this open letter, as we believe it is imperative to address certain matters of importance.
“We are an autonomous, non-profit organization dedicated to utilizing the Constitution, the Judicial system, principles of social justice, and the rule of law to advocate for and uphold the Independence of the Judiciary and civil society.
Our vision is to create a society where the judiciary fulfills its duty of administering justice impartially, and where law enforcement agencies maintain their integrity without being manipulated by political interests to target adversaries.
“On April 17, 2024, the Economic and Financial Crimes Commission (EFCC) conducted a raid on the home of the former Governor of Kogi State, His Excellency Yahaya Bello, with the intent to arrest him on charges related to Money Laundering.
This incident raises concerns about the EFCC’s actions and their potential violation of constitutional principles, judicial authority, and the rule of law.
We hereby extend an invitation to Mr. President to address this matter, which reflects a clear case of disregard for the authority and sanctity of our Constitution and legal system by the EFCC.
“On February 9, 2024, the Lokoja High Court issued an order prohibiting the EFCC from arresting, detaining, or prosecuting former Governor His Excellency Yahaya Bello. This order was officially served on the EFCC on February 12, 2024.
“Subsequently, on February 26, 2024, the EFCC lodged an appeal (Appeal No.: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission versus Alhaji Yahaya Bello) against the aforementioned order with the Court of Appeal Abuja Division.
Alongside the appeal, the EFCC submitted a Motion for a Stay of Execution of the High Court’s order.
The Court of Appeal scheduled a hearing for this motion on April 22, 2024.
“Shortly after the Kogi high court delivered its judgment, while the appeal was yet to be head, the EFCC secured a warrant from Emeka Nwite, presiding judge of the federal high court in Abuja, to arrest Bello.
“In a nation governed by laws, of which the EFCC is a product, the minimum expectation is adherence to due process and respect for judicial authority.
If the EFCC indeed has a case against the former governor, it should refrain from abusing court procedures and prosecutorial powers.
In a civilized society, the EFCC should await a ruling on the matter before taking further action, rather than violating the fundamental human rights of the former governor and flouting judicial orders.
“Justice KEKERE-EKUN, JSC, in the case of ADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 32-33 Paras D-A), emphasized that a court order, once perfected and unappealed, remains valid and binding until set aside by a competent court or authority.
“The disregard of court orders by law enforcement agencies can erode public trust in the justice system, undermine the rule of law, diminish judicial authority, lead to miscarriages of justice, and result in civil rights violations.
“In his view, Lawyer and Executive Director of Citizens Advocacy For Social and Economic Rights (CESAR), Frank Tietie has said that the EFCC did not conduct itself properly in handling its case against the former governor of Kogi state, Yahaya Bello.
“He said this while speaking in an interview with Arise News on Monday.
“He said, “What the EFCC is trying to do is to bring a contestation and a contest of force, abusing its force, having convinced itself that it has made mistakes in the way it has approached Yahaya Bello’s ordeal by filing false statements against him.
“The EFCC didn’t conduct itself properly. In that case, it’s important that Yahaya Bello will fully exhaust all of the remedies available to him in the constitution.”
“Moreso, in TVC’s “Journalists Hangout,” concerns surfaced regarding the recent actions of the EFCC regarding the case of Yahaya Bello and journalists condemned the EFCC’s moves.
Babajide Kolade-Otitoju led the discussion, stressing the importance of the EFCC addressing the court order prohibiting them from arresting, prosecuting, or detaining Bello before taking any further steps.
Veteran journalists unanimously criticized the EFCC’s actions, insisting on the importance of obeying court orders. They pointed out similar cases involving politicians like Bello Matawalle, Peter Odili, and Abdul’aziz Abubakar Yari, who were also protected by court orders. Legal expert Liborous Oshoma criticized the EFCC’s approach, calling it melodramatic.
He highlighted Bello’s lawsuit against the EFCC at the Kogi High Court, which led to the restraining order, and condemned the EFCC for not obtaining Bello’s statement before attempting to arrest or charge him.
“While judges have taken steps to demand respect from law enforcement agencies, we urge the EFCC to be held accountable by inviting them for questioning and possible prosecution.
Instances where judges have held law enforcement leaders accountable for disobeying court orders, such as the arrest of the former Inspector General of Police, demonstrate the importance of upholding judicial decisions.
“We commend Mr. President’s extensive experience in navigating political challenges. As someone who has faced the abuse of power by prosecuting agencies in the past, we trust that Mr. President will address the EFCC’s unjust attempt to arrest former Governor Bello in defiance of a standing court order.
We urge Mr. President to call upon the Chairman of the EFCC to answer for the blatant disobedience of court orders and to prevent further violations of the governor’s civil rights. Upholding due process is essential, even for law enforcement agencies.
“The commission’s irresponsible and unconstitutional actions, if allowed to persist unchecked, have the potential to tarnish the reputation of an administration that has garnered widespread support from conscientious Nigerians.
“We express our gratitude to Mr. President in advance for his prompt attention to the matter mentioned above.”
