Femi Falana, A human rights advocate and legal practitioner has asserted that the Economic and Financial Crimes Commission (EFCC) possesses the authority to apprehend and prosecute former Kogi State governor, Yahaya Bello.
Falana contended that Bello, having relinquished his immunity, is now susceptible to arrest and prosecution by the EFCC.
Recent events unfolded on Wednesday when operatives of the anti-graft agency conducted a raid on Bello’s residence in Abuja in connection with an ongoing inquiry into financial misconduct.
Following the attempted arrest, Bello was reportedly spirited away from his home by his successor, Governor Usman Ododo.
However, Falana contested the legal rationale behind the court’s decision, arguing against established legal precedents.
He cited Section 35(1)(c) of the Nigerian constitution, asserting that it grants law enforcement agencies, including the police and anti-corruption bodies, the authority to apprehend a suspect upon reasonable suspicion of criminal wrongdoing.
In a statement he issued, Falana remarked: “As a former governor, Mr. Yahaya Bello has forfeited his immunity from arrest and prosecution. No court has the jurisdiction to confer lifelong immunity on a former governor in Nigeria.
“According to Section 35(1)(c) of the Constitution, the police, anti-corruption agencies, and other prosecutorial bodies are not precluded by a court order from arresting a suspect once there exists reasonable suspicion of their involvement in criminal activity.
“The Supreme Court has previously highlighted that an order by a High Court prohibiting the arrest of a criminal suspect does not impede another court of equal jurisdiction from prosecuting them.
“In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant contested the EFCC’s authority to prosecute him before the Federal High Court despite an order from the High Court of Abia State restraining the anti-graft agency from infringing upon his fundamental right to personal liberty.”
