Michael Aondoakaa, Nigeria’s former Justice Minister and Attorney General of the Federation, has revealed that the Economic and Financial Crimes Commission (EFCC) goofed in its case against former Kogi governor Yahaya Bello.
Speaking on Arise TV this morning, Aondoakka stated that the EFCC made a fundamental error made by including Bello in a charge relating to events predating his tenure as governor.
According to Aondoakka, through legal recourse, Bello sought to enforce his fundamental human rights based on the flawed charge brought against him by the EFCC.
His words: ”I think the controversy was unnecessary in case of Yahaya Bello. Because some of the details that are coming up are unnecessary.
”There was an ongoing case with Yahaya Bello to enforce his fundamental human rights. It was based on one case in which the EFCC amended a charge and included him. That is charge number 5502022, pending before the federal high court in Abuja.
”At the accusation in that charge, I think there was an error by EFCC. The error was that he was being roped there because he was governor, but they referred to 2015. In 2015, the man said, I was not even a governor. I was a governor in 2016.
”That was a premise he went to enforce his fundamental human rights before a state high court, which the state high court and the federal high court have concurrent jurisdiction to enforce fundamental human rights.
”When he enforced the fundamental human right, there was interlocutory order restraining EFCC not to arrest him pending the hearing of the case.”
The Benue-born Senior Advocate of Nigeria also advised the EFCC not to disregard the rule of law while carrying out its duties.
He said: ”The EFCC ought to take orders from the Constitution of the Federal Republic of Nigeria and the enabling law. And the only people that interpret the enabling law are the judges.
”In this case, the only order EFCC will follow now is the order made by the Kogi High Court trial judge, which gave directions on how EFCC will proceed to arraign Yahaya Bello.
”Of course, they have done the arraignment. In the case of 2022, they filed charges in court. He’s no longer a governor, so he can be prosecuted based on the charges they have filed.
”And once charges are in court, it’s no longer the agency that will arrest, it’s the court that will issue summons against Yahaya Bello. When Yahaya Bello does not appear, EFCC will apply to the court for a bench warrant to bring him to come and answer charges. These are the steps he has to take.”
He further urged the EFCC to follow the prescribed legal procedures outlined by the court and affirmed that Bello, despite his status, must be treated in accordance with the law.
