Femi Falana, a human rights activist and lawyer, believes the Economic and Financial Crimes Commission, or EFCC, has the authority to arrest and prosecute former Kogi State Governor Yahaya Bello.
Falana said Bello has lost his immunity and hence may be arrested and prosecuted by the EFCC.
On Wednesday, anti-graft agents raided Bello’s home in Abuja in an attempt to arrest him in connection with an ongoing financial fraud probe.
The outgoing governor was smuggled out of his home by his replacement, Governor Usman Ododo.
However, the rights lawyer said that the legal foundation for the court’s decision is defective and contradicts established legal precedents.
Falana cited Section 35(1)(c) of the Nigerian constitution, which he said permits law enforcement authorities, such as the police and anti-graft organisations, to arrest a suspect if there is reasonable suspicion of a criminal offence.
Falana in a statement, said:
“As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria.
“By virtue of Section 35(1)(c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence.
“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested 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 Appellant challenged the EFCC for charging him before the Federal High Court in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.”
cc: Daily Post Ng
