Legal Expert Falana: EFCC Can Arrest Ex-Governor Yahaya Bello Without Immunity

Legal expert and human rights activist Femi Falana has declared that the Economic and Financial Crimes Commission (EFCC) can arrest and prosecute former Kogi State Governor Yahaya Bello, as he no longer enjoys immunity from prosecution.

This statement comes in response to the recent attempt by the EFCC to arrest Bello over an ongoing investigation into financial fraud.

On Wednesday, EFCC operatives attempted to arrest Bello at his residence in Abuja, but he was reportedly smuggled out by his successor, Governor Usman Ododo.

In a statement, Falana argued that the legal basis for the court’s ruling is flawed and contradicts established legal precedents.

According to Section 35(1)(c) of the Nigerian Constitution, law enforcement agencies, including the police and anti-graft bodies, can arrest a suspect when there is reasonable suspicion of a criminal offense.

This provision, according to Falana, means that former governors like Bello cannot be granted immunity from arrest and prosecution.

Furthermore, the Supreme Court has previously ruled that the order of a High Court to prevent the arrest of a criminal suspect 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 Supreme Court affirmed that a High Court’s order cannot prevent the EFCC from charging a criminal suspect.

In light of these legal precedents, Falana insists that the EFCC is within its rights to arrest and prosecute former Governor Bello, despite any court orders to the contrary.

The ongoing legal battle between the EFCC and Yahaya Bello has brought attention to the legal complexities surrounding immunity for public officials and the powers of law enforcement agencies to investigate and prosecute suspected crimes.

As the situation unfolds, it remains to be seen how the courts will ultimately rule on this matter and whether the EFCC will be able to proceed with its investigation and potential prosecution of the former governor.