‘EFCC Must Not Arrest Ex-Kogi Gov Yahaya Bello Before Prosecution’ – Former AGF, Aondoakaa

A former Attorney General of the Federation (AGF), Michael A. Aondoakaa, has faulted the Economic and Financial Crimes Commission (EFCC) for going against the Kogi State High Court’s order, stopping it from arresting Yahaya Bello, the immediate governor of the state.

Aondoakaa is of the opinion that Bello must not be arrested by the EFCC before he’s prosecuted.

Aondoakaa who served as AGF between 26th July 2007 – 10th February 2010, said he is happy that the EFCC Chairman, Ola Olukoyede, said he is not into media trial and believes the EFCC will have a rethink “that Kogi High Court is very explicit about the procedure” it ought to follow in Bello’s case.

The former AGF who appeared on Thursday on Arise TV, said Bello is not above the law, he is a Nigerian, EFCC only need to follow the law.

According to him he has read the judgement delivered by the Kogi High Court and it was a “win win situation” for both parties.

Interpreting the judgement, he said: “The judgement said yes I have granted your (Bello) fundamental human rights before the court at the Federal High Court instituted against you, filed 2022 before Justice Omotoshu, you should not be arrested. You should not be detained.

“Since the matter is in court, the court should serve you summons to appear. It’s there in the ruling. It is for the court to serve summons, and it said the summons can be sent by DHL, so it’s no longer for the EFCC to get him arrested.

“So, I think the EFCC should do the right thing, afterall the current leadership seems to be following the law. He’s a lawyer, he’ll do the right thing.”

According to Aondoakaa, once charges have been filed in court, the agency cannot arrest again. He said it’s still the court that’ll issue the summons and serve on the former governor.

He also explained that if on the other hand Bello refuses to appear before the court, it is the same court that’ll issue a bench warrant for his arrest.

“The moment the bench warrant is issued for failure to answer the charges against him which are already before the court, then the agency can go to arrest based on the bench warrant.

“So I’m thinking the wise thing to do in this matter is to follow the order of the court… I don’t even see it as necessary to appeal the order because I see the order being well balanced.

“Or I think, after the confusion, the judge in his wisdom clarified this confusion and I believe EFCC will read the ruling which was delivered on the 17th April and clarified,” he added.

While responding to who the EFCC reports to, and who Olukoyede is taking orders from, the AGF said the EFCC derives its powers from the Constitution of Nigeria and the enabling law.

He also explained that the only people that interpret the enabling laws are the judges.

“In this case, the only order EFCC will follow now is the prior order made by the Kogi State High Court which gave direction of how EFCC will proceed to arraign Yahaya Bello. Of course they have done the arraignment,” he added.