On August 20, 2024, the Court of Appeal in Abuja ruled in favor of the Economic and Financial Crimes Commission (EFCC) in an appeal against the Kogi State High Court’s judgment concerning Alhaji Yahaya Bello. The appeal was filed by Chief J.S. Okutepa SAN, representing the EFCC, challenging a fundamental rights case initiated by Bello in February 2024.
In a unanimous judgment delivered by Hon Justice I.K. Amadi, the Court adopted the two issues raised by the Respondent, Alhaji Yahaya Bello. The Court criticized the trial judge, Hon Justice Isah Abdullahi Jamil, for setting the Respondent free despite having a pending charge against him in the case of FRN vs. Ali Bello & Anor (FHC/ABJ/CR/550/2022), deeming this action scandalous. The Court concluded that the purpose of the case initiated by Bello was to shield him from facing criminal charges.
Additionally, the Court referenced its earlier decision in EFCC vs. Alhaji Yahaya Bello (CA/ABJ/CV/413/2024), affirming that no court can prevent law enforcement agencies from executing their statutory duties. The Court deemed the appeal meritorious and subsequently allowed it, ordering Alhaji Yahaya Bello to appear for arraignment in the charge FRN vs. Ali Bello & Anor (FHC/ABJ/CR/550/2022) before taking any further legal steps.
The legal representation for the appellant (EFCC) included Chief J.S. Okutepa SAN, along with Ojonimi S. Apeh, Esq., Adanu Emmanuel Ogwiji, Esq., and Abdulkareem Musa, Esq. Alhaji Yahaya Bello was represented by A. M. Adoyi, Esq., with Q.M. Adelanwa, Esq. This ruling underscores the Court’s stance on the enforcement of law and the limitations of fundamental rights claims when they serve to obstruct ongoing criminal proceedings.
