Popular human rights attorney Femi Falana, SAN, has criticized a court decision stopping the Economic and Financial Crimes Commission (EFCC) from arresting and prosecuting former Kogi Governor Yahaya Bello.
Falana argued that the legal basis for the court’s ruling is flawed and opposes established legal precedents.
In his remarks, Falana referenced Section 35(1)(c) of the Nigerian Constitution, which he stated allows law enforcement agencies, including the police and anti-graft bodies, to arrest a suspect when there is reasonable suspicion of a criminal offense.
He emphasized that a High Court’s order should not impede another court of the same level from proceeding with a trial.
“By virtue of section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.”
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him.”
“In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.”
