Wanted former Governor of Kogi State, Alhaji Yahaya Adoza Bello, speaking through his lawyer, has asserted that the Economic and Financial Crimes Commission (EFCC) is an illegal organization. The lawyer argued that the EFCC Act was enacted without consulting the 36 states of the federation, as required by Section 12 of the 1999 Constitution. He emphasized that the Act should have been ratified by the various Houses of Assembly of states to be valid.
In response, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to reject the application, stating that the warrant of arrest should not be set aside until the defendant appears for trial. He emphasized that the defendant cannot continue to evade court proceedings and file numerous applications. The EFCC maintained that the defendant should not be granted the right to be heard until he is physically present in court.
The EFCC’s lawyer also cited Section 396 of the Administration of Criminal Justice Act, 2015, stating that the court cannot effectively assume jurisdiction to decide any application or objection until the defendant is arraigned. The anti-graft agency indicated that it would not execute the arrest warrant if the defendant’s counsel ensures his presence on the next adjourned date.
Furthermore, the EFCC clarified that the Supreme Court had settled the issue of its legality and emphasized that the charges were against an individual accused of laundering public funds and engaging in illicit financial activities.
