The embattled former Governor of Kogi State, Alhaji Yahaya Bello, has expressed his willingness to appear before the Federal High Court in Abuja to answer to the 19-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC).
However, his legal team has raised concerns about an outstanding arrest warrant and the legality of the EFCC itself, News About Nigeria reports.
Bello’s legal representative, Mr. Adeola Adedipe (SAN), told the court on Tuesday that his client would have been present for the arraignment but feared arrest due to the outstanding warrant.
“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” Adedipe said.
Adedipe urged the court to set aside the warrant, arguing that it was issued before the charge was served on Bello as required by law.
“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to Bello added.
The legal team also challenged the legality of the EFCC, contending that the Federal Government did not consult the 36 states of the federation before enacting the EFCC Act through the National Assembly.
They argued that this violates Section 12 of the 1999 Constitution, which requires ratification by state Houses of Assembly for such legislation to be 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,” counsel to the defendants added.
EFCC’s lawyer, Mr. Kemi Pinheiro (SAN), countered that the warrant should not be set aside until Bello presents himself for trial. Pinheiro accused Bello of using “dilatory tactics” to delay his arraignment and frustrate the proceedings.
The EFCC also argued that the Supreme Court has already settled the issue of its legality, and that the charge against Bello is unrelated to the states or Houses of Assembly, but rather an individual’s alleged laundering of public funds.
“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,” EFCC’s lawyer, Pinheiro, said.
“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged.
“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transfered funds to his accounts abroad,” EFCC added.
