By Ehichioya Ezomon
In my November 18, 2024, article entitled, “That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit it? Who sponsored it?” I held that snapets from the Economic and Financial Crimes Commission (EFCC) moves to investigate, arrest, detain and prosecute ex-governors “are telegraphed a few months or weeks before they bow out of office,” so giving them the jitters to “either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.”
I however observed that lately, the anti-graft agency’s threat against former governors “has become mostly academic, and the norm rather than the exception,” adding that, “it appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting.”
Former Governor Yahaya Bello of Kogi State has mostly proved these assertions right, even as he finally presented himself to the EFCC for “arrest and detention,” and arraignment and prosecution for alleged looting of Kogi’s resources during his eight-year tenure in office (2016-2024).
For months, Bello’s engaged in a hide-and-seek, only to suddenly show up at the EFCC headquarters in Abuja on September 18, and yet wasn’t booked, interrogated, or detained – as he’s on the wanted list of the agency and the courts – but with the commission reportedly asking him to leave and come back at a later date. Why?
EFCC’s intel reportedly indicated that Bello’s prepared for a showdown, having allegedly stormed the premises with armed details. Thus, the authorities tactically allowed him to while away for hours in one of the offices. Indeed, EFCC’s later efforts that night to arrest Bello at the Kogi State Government Lodge in Asokoro, Abuja, were allegedly thwarted by his armed guards.
Bello, facing a couple of EFCC’s alleged fraudulent cases in courts in Abuja, continued in his disappearing act, while the commission failed in its attempts to force his trial – in absentia – before Justice Emeka Nwite on October 30 at the Federal High Court in Abuja, where Bello’s facing a 19-count charge for alleged laundering of N84bn.
But on November 26, Bello – billed for arraignment since April 2024 – reappeared at the EFCC headquarters in Abuja, and this time, the agency “detained” him overnight in the facility he’d avoided for months, as he shunned invitations and court summons to answer for his alleged looting of resources during his governorship of ‘The Confluence State’.
And on November 27, the EFCC arraigned Bello and two others – Shuaibu Oricha and Abdulsalam Hudu – before Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on a 16-count charge for conspiracy, criminal breach of trust and possession of unlawfully-obtained property, amounting to N110.4bn.
After some legal fireworks over bail for the three defendants between the lead counsel for the accused, Joseph Daudu (SAN) and the EFCC, Kemi Pinheiro (SAN), Justice Anenih adjourned ruling on the application to December 10, and directed that the defendants should remain in the EFCC custody.
This notwithstanding the EFCC administrative bail granted to Oricha and Hudu, which Pinheiro argued had expired in October, but with Daudu pointing to a fresh application of November 22, based on the fact that the defendants deserve their liberty on the presumption of innocence until they’re proven guilty, as alleged.
Meanwhile, Bello certainly was in a celebratory mood when – for the first time in over seven months of a cat-and-mouse game with the EFCC – he’s docked for the alleged N110.4bn theft of Kogi’s resources. Dressed in a pair of contact lenses, and a light sky-blue attire, Bello, amidst a throng of aides and political associates, walked energetically through the expansive premises and into the courtroom of the FCT High Court.
As he covered the distance from the parking lot to the courtroom, Bello’s all smiles – as he turned right and waved with the right hand, and then turned left and waved with the left hand – to acknowledge greetings and cheers from his supporters, many of whom sandwiched him into the court, where he continued to return courtesies even while in the dock to plead not guilty to the charges preferred against him.
Perhaps to Bello, his arraignment was a moment to savour, and bask in the frenzy of journalists and EFCC’s operatives scrambling to capture and record his every posture and every gesture as evidence, and for prime-time broadcast and publication in the mainstream and online media.
A similar scenario played out on November 29, at the Federal High Court in Abuja, where Bello couldn’t take his plea, and had to “stand for himself” in the absence of his lead lawyer in the suit, Abdulwahab Mohammed (SAN).
With well-armed security operatives falling over themselves to dominate the court premises, Bello, with a more somber mien this time, and accompanied by aides, supporters and operatives of the EFCC, still walked briskly into the courtroom, with the door quickly closed behind him.
Once inside, as reported by PUNCH ONLINE, Bello told trial Justice Emeka Nwite that he won’t take any plea, as he’s only made aware of his arraignment in the night of November 28, and couldn’t get across to his lawyer, Mohammed (SAN). This prompted the judge – in the interest of fair hearing – to order that Mohammed be put on notice for the adjourned date of December 13, and for Bello and his co-defendants to be reminded in the EFCC custody.
The EFCC lawyer, Pinheiro (SAN), attempted to convince Justice Nwite to commence the trial without Bello’s counsel, arguing that, “What the law requires is the presence of the defendant, not the presence of his lawyers.”
This was reportedly a rehash of a similar argument at the sitting on October 30, when Pinheiro requested that the court proceed with the trial. Noting that two witnesses were present and ready to testify,” Pinheiro suggested that the “court enter a plea of not guilty on Bello’s behalf and commence the trial.”
But as in that prior instance, the judge turned down Pinheiro’s entreaty on November 29, citing Bello’s right to a fair hearing, and reminding the EFCC lawyer that, at the October court session, the matter was adjourned to January 21, 2025.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s (November 29) date. In the interest of fair hearing, I will not proceed for arraignment,” Justice Nwite said.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel,” the judge added.
After the court waited for 45 minutes, “but with no sign of the defence counsel,” Justice Nwite adjourned the matter, directed that Bello remain in the EFCC custody until the next hearing on December 13, and granted Pinheiro’s application for “new date hearing motions and possible arraignment to be served on the defendant’s counsel.”
As the clock ticks towards December 10 at the FCT High Court, and December 13 at the Federal High Court both in Abuja, will Bello and his co-defendants get a bail reprieve, or be further remanded in the EFCC custody, or sent behind bars at one of Nigeria’s capital city’s jail houses, to spend the Yuletide season there? Such would be a canny experience the ex-governor had fought strenuously for months to avoid!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. Can be reached on X, Threads, Facebook, Instagram and WhatsApp @EhichioyaEzomon. Tel: 08033078357
