According to the report from the Vanguard, Former Governor of Kogi State, Alhaji Yahaya Bello, has expressed his willingness to appear before the Federal High Court in Abuja to face the 19-count charges brought against him by the Economic and Financial Crimes Commission (EFCC). Despite his absence during the arraignment, Bello's legal team represented him in court on Tuesday.
In a statement to the court, one of Bello's lawyers, Mr. Adeola Adedipe, Senior Advocate of Nigeria (SAN), explained that the defendant was prepared to attend the proceedings but was concerned about a pending arrest order. Adedipe, SAN, emphasized that his client wanted to participate in the legal process but feared possible arrest.
Adedipe, SAN, requested the court to revoke the ex parte arrest order issued against the former governor, highlighting that the charge had not been officially served to Bello when the arrest warrant was issued. He pointed out that the permission for substituted service was granted only at the recent court session.
"The warrant should not be looming over his head as we exit this courtroom," the defendant's counsel argued.
Furthermore, Bello disputed the legitimacy of the EFCC, asserting that the organization was established without proper consultation with the 36 States as required by the Constitution. He contended that according to Section 12 of the 1999 Constitution, the State Houses of Assembly should have ratified the EFCC Act before its enforcement.
"This is a critical issue concerning the Constitution and federal principles. It must be addressed because the EFCC operates unlawfully under the current circumstances," stated Bello's legal representative.
The legal battle between Yahaya Bello and the EFCC underscores the complex legal terrain surrounding the agency's establishment and the constitutional framework governing its operations. The case is poised to lead to significant legal interpretations of federal law and intergovernmental relations in Nigeria.