Yahaya Bello Seeks Indefinite Adjournment of EFCC Case, Challenges Arrest Order in Court

Former Kogi State Governor, Yahaya Bello, has petitioned the Federal High Court in Abuja to indefinitely adjourn his ongoing case with the Economic and Financial Crimes Commission (EFCC).

Bello, facing allegations of ₦80 billion laundering, also requested the court to revoke his arrest warrant pending an appeal at the Court of Appeal, Abuja.

In a letter dated July 12, sent to Justice Emeka Nwite, Bello’s counsel Musa Yakubu (SAN) outlined their stance:

“The defendant to the Charge had, on the 17th of May, 2024, filed a notice of appeal against the ruling of this Court made on the 10th of May, 2024 refusing to discharge the warrant of arrest issued against the defendant.”

Yakubu emphasized the significance of the pending appeal (Appeal No: CA/ABJ/CR/536/2024):

“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended), and against the grain of settled position of the law established by the Supreme Court of Nigeria.”

The letter highlighted a similar case precedent:

“The Complainant’s application to you, therefore, ought not to have been filed at all or, if need be, ought to be brought before the Court of Appeal, Abuja which has now seized of the matter.”

Bello’s legal team urged Justice Nwite to uphold judicial hierarchy:

“We, therefore, respectfully urge your Lordship not to be misled or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.”

The letter, also copied to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, responded to a recent EFCC request for an amended warrant of arrest:

“Responding to the EFCC’s application, Bello’s counsel urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the said warrant of arrest and other related pronouncements of the trial Court.”

The case (Charge No. FHC/ABJ/CR/98/2024) has sparked legal debate over the jurisdiction of the trial court versus the pending appeal at the higher court.