By Lillian Okenwa
On Wednesday when operatives of the Economic and Financial Crimes Commission (EFCC) besieged the Abuja home of Yahaya Adoza Bello, the embattled ex-governor of Kogi state Abuja to arrest him over allegations of financial crimes, the Kogi State Governor, Usman Ododo, was on hand to rescue him.
At the end of it all, the security cordon around the former governor’s residence in Abuja was breached by Ododo who ensured that the Bello was spirited away in his official vehicle. Ododo owes his current status as the Governor of Kogi state to the strings-pulling of his predecessor, Bello.
Although Section 308 of the 1999 Constitution states that no civil or criminal proceedings can be instituted against the president, vice-president, governor or deputy governor and they can’t be arrested or imprisoned or a process of any court requiring or compelling their appearance can be issued against them, the provisions of the Fifth Schedule of the Constitution raises some posers.
(1) A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.
9. A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.
18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.
(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following –
(a) vacation of office or seat in any legislative house, as the case may be;
In the light of the provisions above, can Section 308 still avail the governor?
As a sequel to the Wednesday drama,
- Can a Governor of a State plead his immunity for an offence committed outside the of his State?
- Can Alhaji Ododo be prosecuted for the crimes of obstruction and screening of an offence committed in Wuse, FCT?
- Was the Federal High Court warrant of arrest of Yahaya Bello, issued after the Kogi State High Court order that Yahaya Bello must not be arrested by EFCC, except upon order of of a law court, in conflict with the earlier Kogi State High Court order?
The EFFC has now declared Bello, wanted for offences relating to economic and financial crimes. This was contained in a notice posted on the commission’s official Facebook page on Thursday.
The notice read, “The public is hereby notified that Yahaya Adoza Bello (former Governor of Kogi State), whose photograph appears above is wanted by the Economic and Financial Crimes Commission in connection with alleged case of Money Laundering to the tune of N80,246,470,089.88
“Bello, a 48-year-old Ebira man, is a native of Okenne Local Government of Kogi State.
“His last known address is: 9, Benghazi Street, Wuse Zone 4, Abuja.”
The notice asked anybody with useful information about the former governor’s whereabouts to contact any of the commission’s offices across the country.
The anti-graft commission had earlier stated that it would, on Thursday (today), arraign the former governor before a Federal High Court sitting in Abuja.
This was after the EFCC was granted a warrant of arrest by the Federal High Court in Abuja to apprehend the former governor.
The agency’s team of lawyers, led by Kemi Pinheiro, SAN, during the proceedings on Thursday, said that EFCC operatives were prepared to carry out the arrest warrant for the former governor, even if it requires the use of force.
“We have to arraign him in court even if we have to use the military. Immunity is only attached to a person and not the building.
“The law allows to break down walls to arrest an evading defendant. Section 284 says all persons are to obey the service of charge,” Pinheiro stated.
At Bello’s Abuja residence, on Wednesday, a group of armed men, identified as “Special Forces,” along with officers from the Nigeria Police Force, intervened to prevent the EFCC operatives from apprehending him.
PUNCH Online reports that the current governor of Kogi State, Usman Ododo, intervened to prevent the arrest of the former governor of the state by EFCC operatives.
Ododo’s team escorted Bello out of the location in the governor’s vehicle.
Bello and three other suspects, Ali Bello, Dauda Suliman, and Abdulsalam Hudu, will be arraigned before Justice Emeka Nwite.
They face 19 counts related to money laundering to the tune of N80,246,470,088.88.
