Former Governor of Kogi State, Mr Yahaya Bello has said he’s hiding because he’s scared of being arrested.
Bello, through a member of his legal team, Adeola Adedipe, SAN, stated this before Justice Emeka Nwite of the Federal High Court Abuja on Tuesday, why he would remain in hiding.
The Economic and Financial Crimes Commission (EFCC) had preferred a 19-count charge against the former strongman of Kogi after he evaded arrest and was smuggled out of his Abuja residence.
Advertisement
The court on Tuesday also ordered the EFCC to serve the runaway politician a copy of the charge against him through one of his lawyers, Abdulwahab Mohamed.
However, Adedipe told the court, “The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head.”
He urged the court to set aside the ex parte order of arrest it earlier issued against the former governor arguing that, “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.
EFCC Is An Illegal Organisation – Bello
Bello through his counsel argued that the EFCC lacked the power to prosecute him as it’s an illegal organisation.
He contended that the Federal Government did not consult the 36 States of the federation before it enacted the EFCC Act through the National Assembly.
According to him, 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.
“This is a very serious matter that borders on the Constitution and the tenets of federalism. It has to be resolved because as it stands, the EFCC is an illegal organisation,” Bello’s lawyer argued.
Bello Must Come Out Of Hiding To Defend Himself – EFCC
But the EFCC through its lawyer, Mr. Kemi Pinheiro, SAN, urged the court to refuse the application, arguing that, “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,” Pinheiro states.
According to him, in line with section 396 of ACJA, 2015, the court could not effectively assume jurisdiction to decide any application or objection in the matter, until the defendant is arraigned, adding that, “If he (Bello’s Lawyer) 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 be discharged,” EFCC’s lawyer assured.
The anti-graft agency told the court, “The charge before this court is not against a state or House of Assembly, but against an individual who is said to have laundered public funds.
“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transferred funds to his accounts abroad,” EFCC added.