Martin Luther King jnr once said "Injustice anywhere is a threat to justice anywhere". The message seems lost when juxtaposed with the recent goings on in the Nigerian justice system.
The media has been awash with the seemingly unending saga between Yahaya Bello, a former Kogi state governor and an APC stalwart, and the EFCC.
Interestingly, we have been a witness to the hide and seek game between Yahaya Bello and the EFCC and the conflicting judgements passed by two courts on the case. The ongoing case has further exposed the potential for loopholes in the Nigerian legal system. What is the essence of justice if it cannot be served? A recap of the events ab initio will give us a glimpse into the current state and acts of the law.
On the 17th of April, EFCC set out to arrest and possibly prosecute Yahaya Bello for a money laundering charge and misappropriation of public funds allegedly perpetuated while he was in office. They made a forceful attempt to arrest him at his Abuja residence. However, they met stiff opposition from his personal security detail. Interestingly, the current governor of Kogi state came to Bello's residence and whisked him away while the EFCC watched.
As the hide and seek game continued, two courts, one in Kogi and one in Abuja, gave conflicting orders on whether Bello should be arraigned and prosecuted or not. While the Kogi court issued a restraining order against the EFCC not to arrest Bello, the Abuja court issued a warrant of arrest to the EFCC, and herein lies the crux of the issue. Nigeria operates a federal system with a hierarchy of courts. Section 6(5) of the 1999 Constitution of the Federal Republic of Nigeria provides for a court hierarchy of which the Court of Appeal sits above a high Court, and in the same vein, the High court has a higher position to a Magistrate Court. In this case, while the Kogi high court and the Abuja high court may have concurrent jurisdiction in certain areas, the subject matter of the crimes alleged against the former Kogi State Governor, places the hierarchy in favour of the Abuja High court.
The proper course of action for Bello, based on legal precedent set in Osun State House of Assembly v. Babatunde Omidiji [2019] LPELR-46423(CA) , would be to appeal the Abuja court's warrant at the Court of Appeal, not seek a restraining order from a potentially lower court.
Regardless, it is important to remember that Bello is presumed innocent until proven guilty in court by virtue of Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria. He also has the right to liberty unless a court orders his arrest following due process in line with Section 35 of the 1999 Constitution of the Federal Republic of Nigeria. The EFCC has the power to investigate and prosecute financial crimes, but it must operate within the law and obtain proper warrants for arrest.
The Court of Appeal should determine the validity of the arrest warrant and the Kogi court's restraining order. Bello should either appeal the warrant or submit to the legal process and clear his name in court. The EFCC should ensure all legal procedures are followed.
By following these legal principles, the Nigerian judiciary can ensure a fair trial and uphold the rule of law. However, the recent turn of events leaves much to be desired and raises many questions:
"Why is the ruling party not saying anything on this matter given that bello is a member"
"Did Bello step on the president's toe"
"Did he fall out with the ruling party"
"Why is Bello being specifically targeted by the EFCC and the Nigerian police"
"Is the law court really the last hope of the common man"
"Is this a payback game by a fellow politician to teach Bello a lesson"
"Why is Bello running away from the EFCC instead of showing his face to clear his already smeared name"
However, this case goes, it is expedient that the judiciary restores its dignity. They should stop dancing to the tune of the elites and the security agencies.
Let it be known that Bello's claim of innocence does not hold water since there are underlying evidence to support the claims of the EFCC. Yahaya Bello should obey the EFCC and show up in court to clear his name. An Igbo adage says, "when a fowl pollutes the air, the ground starts to chase him".
The position of the law should be absolute and not conflicting. A man that runs to the court for protection when he has not cleared his name is as good as guilty. Bello and EFCC should give the judiciary a break. The fairy tale can commence some other time.
In the end, justice should be served and the dignity of the judiciary must be restored. Like the legal maxim states "No man can take advantage of his own wrong".
The EFCC while keeping Nigerians and the mainstream media entertained has quickly moved from Bobrisky to Cubana and now Yahaya Bello.
EFCC, who is next?
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