The embattled former governor of Kogi State, Yahaya Bello who spoke from his hideout through his team of lawyers on Tuesday said, the Economic and Financial Crimes Commission, EFCC is an illegal organization.
He is being prosecuted at the Federal High Court Abuja in connection with alleged N82 billion money laundering when he was governor of State between 2016 and 2024.
Speaking through his team of lawyers at the Federal High Court, Abuja, the legal team leader, Mr. Adeola Adedipe, SAN, told the court that “his client would have made himself available for the proceedings, but was afraid that he would be arrested.”
He also said the National Assembly enacted a law creating the EFCC without due consultation with the 36 States of the Federation.
Bello argued that Section 12 of the 1999 Constitution, as amended, required the various Houses of Assembly of states to ratify the Act before it could become operative, hence, the tenet of Federalism was seriously abused which has to be resolved before the EFCC could be classified as legal.
Bello is facing a 19-count charge preferred against by the Economic and Financial Crimes Commission, EFCC was not personally in Court, and while giving reasons for not being in court, said, he was afraid of arrest.
His Counsel, Adedipe said: “The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head.”
He told the presiding Judge that the exparte order of arrest issued against Yahaya Bello be set aside, adding that as at the time of the order of arrest was granted, charge had not been served on his client, a process that was sacrosanct in law.
“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.
“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.
Reacting, the EFCC’s lawyer, Mr. Kemi Pinheiro, SAN objected, saying, the ‘set aside request’ and told the Court that the accused has to be in Court personally for his trial..
“The defendant cannot stay in hiding and be filing numerous applications. He cannot ask for the arrest order to be vacated until and when the defendant is present in court for his arraignment. He cannot be heard on that applied application.
“The main issue should be ascertaining the whereabouts of the defendant. All these applications he is filing are nothing but dilatory tactics intended to delay his arraignment and frustrate the proceedings.
“If he wants the order of arrest to be discharged, let him come here and make the application.
“Our position is that the defendant should be denied the right of being heard, until he is physically present before this court”, citing Section 396 of ACJA, 2015.
He said the ACJA was clear that the Court could only effectively assume jurisdiction to decide any application when a defendant is formally arraigned.
EFCC’s lawyer stressed that they will not carry out the arrest warrant, if Bello’s Counsel undertakes to bring him to Court on the next adjourned date
“If he gives an undertaking that his client will be in court on the next date, I can assure him that the arrest warrant will not be executed.
“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged,” EFCC’s lawyer, Pinheiro, SAN, added.
