EFCC vs. Yahaya Bello: What Should Not Happen on June 13
By Lere Olayinka
On May 10, 2024, the Federal High Court in Abuja postponed the arraignment of the former Kogi State Governor, Alhaji Yahaya Bello, to June 13, 2024. Bello faces charges from the Economic and Financial Crimes Commission (EFCC) related to an alleged N80.2 billion fraud.
The first charge against Bello states: “That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu (still at large), in February 2016, in Abuja, conspired to convert the sum of N80,246,470,088.88, knowing it to be proceeds of unlawful activity, thereby committing an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.”
Yahaya Bello served as governor of Kogi State from January 27, 2016, to January 27, 2024. Before these charges, the EFCC accused him in the amended charge No. FHC/ABJ/CR/550/2022 of diverting N80 billion of state funds in September 2015, four months before he took office.
Judge Emeka Nwite postponed the arraignment to June 13 and rejected an application by Bello’s lawyer, Abdulwahab Mohammed (SAN), stating, “The application cannot be entertained unless the defendant is present in court.” Responding to concerns about Bello’s safety, the judge insisted Bello should appear voluntarily and not be brought in by the EFCC.
Mohammed assured the court that Bello would attend the next session. As the judge noted, once Bello appears and takes his plea, the issue of arrest should be off the table. The narrative should shift from potential arrests to the EFCC presenting its evidence in court.
Once charged, an investigation is presumed complete, and only the court can proceed with the case. If Bello pleads not guilty, he will seek bail and, if granted, will return for his trial on the scheduled dates. This shifts the focus from the EFCC to the court, where the EFCC must prove its allegations beyond a reasonable doubt.
On June 13, there should be no sensational arrests or invasions of Bello’s residence. The EFCC should concentrate on presenting its case, adhering to legal procedures. Prolonged investigations by the EFCC should have concluded by now, unless the EFCC expects the accused to provide the evidence against himself.
The EFCC’s credibility would benefit from focusing on prosecuting Bello based on the charges, including the February 2016 conspiracy to embezzle over N80 billion. Attempting to amend the charges would imply that the EFCC was not adequately prepared when initially bringing the case to court.
After June 13, it will be the EFCC’s responsibility to prove its allegations in court. This case should not follow the pattern of former Ogun State Governor Gbenga Daniel, whose case was dramatically scaled down from N58 billion to N211.3 million and eventually dismissed after 11 years, with the court describing the prosecution as malicious.
EFCC Chairman Ola Olukoyede should now have the opportunity to address other cases he promised to reopen. What applies to Bello should apply uniformly to others facing similar accusations.
*Olayinka is a journalist and former governor’s aide.*
