When THEWILL exclusively reported on Wednesday, November 20, 2024 that the fugitive former Governor of Kogi State, Yahaya Bello would voluntarily surrender to investigators at the Abuja headquarters of the Economic and Financial Crimes Commission, EFCC, within a few days, having exhausted all legal strategies to evade arrest and prosecution over alleged multiple counts of laundering billions of naira, the newspaper was certain that the web of intrigues and power play at work had been settled.
Like the wheel of fate turning at its own measured speed towards an inevitable destination, the dramatis personae at work were driven by the same motive to bring an end to what is jocularly referred to as a “long cat and mouse game” between Bello and the EFCC, which had become an embarrassment to the country. Something had to be done and quickly too.
HOW THE DEAL WAS BROKERED
The National Security Adviser, Nuhu Ribadu; the Chairman of the Nigeria Governors’ Forum, AbdulRaman AbdulRasaq; Kogi State Governor, Usman Ododo and the Chairman of the anti-graft agency, Olanipekun Olukeyede were the collaborators that brokered the deal that led to Bello’s voluntary surrender, according to our authoritative checks.
Ribadu, who supervises the country’s entire security architecture, was said to be miffed at Bello’s antics, which was negatively impacting the activity and achievements that his direct approach to insecurity was yielding, as well as his outspokenness against perceived saboteurs.
On a larger, remote scale, the case called to question the Federal Government’s commitment to enforcing its own orders when its agencies, such as the Nigerian Immigration Service and the Office of the Attorney-General and Minister of Justice, alongside the Interpol, had supported the EFCC for declaring Bello wanted, thus making him a fugitive from law.
For the NGF, Bello’s case was like a mirror held to their tenures. The case, a source recalls, had been ongoing since 2021 during the tenure of the immediate past EFCC chairman, Abdulrasheed Bawa.
Bawa’s target then was the former governor’s wife Rashida, whom the commission named in an alleged money laundering charge, an allegation which the governor’s media aides dismissed, describing it as a veiled attempt to taint the image of Bello, who, of course, could not be arrested at that time because he had constitutional immunity from prosecution.
But by the time Bello left office on May 29, 2023, and his immunity gone, the fraud allegations against him mounted, leading to his present prosecution by the EFCC. Even so, the big pressure that seemed to have worked on the governors’ forum was to come from an unintended source. That was when presidential spokesperson, Bayo Onanuga recently said in a national television interview, quite unintentionally, that the EFCC could not arrest Bello because Governor Ododo who was hiding him, had immunity.
Onanuga in that interview, said: “I think it’s a bit complicated. The EFCC is an agency of the Federal Government, and it wants to arrest Yahaya Bello. Yahaya Bello is hiding under the agbada (flowing robe) of the governor of Kogi State, his successor, who happens to enjoy immunity.
“That’s the problem because if he stays inside Governor Ododo’s house, the police cannot do anything because they will be violating that immunity that the man enjoys.
“It’s like a diplomat enjoying certain immunity; you cannot do anything about it. You remember in the UK when they were looking for the Wikileaks man and he went to hide in one embassy in Britain, there was nothing they could do, they left him there. I think he later came out and they arrested him.
“It’s the same thing. Ododo enjoys immunity. Yahaya Bello is believed to be hiding there. They cannot storm the place and say they want to arrest him. That’s the problem of the EFCC, and the police cannot help the EFCC.”
Now, the immunity clause in Section 308 (1) (a) of the 1999 Constitution confers on the President or Vice-president, Governor or Deputy-Governor, absolute immunity against the institution of civil or criminal proceedings against the President or Vice-president, Governor or Deputy-Governor when they are in office. THEWILL gathered that Onanuga’s statement brought Ododo’s role in the matter under proper scrutiny among state governors.
THEWILL recalls that on two occasions, Ododo had actively supported Bello and prevented him from arrest by the EFCC. The first occasion was at Bello’s Maitama, Abuja residence on April 17, 2024. EFCC operatives had laid siege to the former governor’s residence to arrest him after he failed to honour their invitation. The siege lasted for hours into the evening until Ododo appeared with his security details in a convoy and took Bello away.
Also, on September 18, 2024, both men with the full complement of security details and some supporters appeared at the EFCC headquarters in Abuja. Bello was not arrested. The EFCC media team said the governor was asked to depart because the Chairman of the commission was absent, and the low-ranking officers had no mandate to act.
Reacting to the event, the lead prosecution counsel in Bello’s trial, Kemi Pinheiro SAN, told Justice Emeka Nwite of the Federal High Court sitting in Maitama, Abuja that the recent appearance of the former Kogi governor at the parking lot of the EFCC was out of place as both the trial court and Court of Appeal clearly ordered him to present himself for arraignment in the N80.2 billion money laundering charges preferred against him by the EFCC.
“There is nowhere my Lordship, or the Court of Appeal ordered Yahaya Bello to present himself at the EFCC car park, but rather to appear before my Lordship for arraignment. What is even more worrisome, and disconcerting is that the defendant went to the EFCC car park holding the hands of a person with immunity who came with all the security details of his office,” said Pinheiro, adding,
“The implication, my Lord, is if there was an attempt to get him from the person of immunity, it would be an invitation to anarchy. The invitation by the EFCC later in the day for Yahaya Bello to come alone, not with a person with immunity, security persons and other people was resisted again on their own admission.”
Faced with this case of one bad apple tainting the whole bunch, some state governors were said to have asked their Kogi counterpart to rethink his plan and allow the governors’ forum to intervene in the matter. This was how the NGF through its Chairman, AbdulRasaq, began to explore avenues for a soft landing for Bello.
THEWILL gathered that the former governor’s long-drawn battle with the anti-graft agency before and after office convinced him that he was targeted by some interests using the anti-graft agency as a cover. During his 8-year rule in Kogi, Bello governed like an emperor, often accused of deploying brutal tactics to checkmate political enemies.
Our sources privy to the negotiations said Bello, who goes by the moniker ‘White Lion’ was afraid for his life and wanted assurances that he would be treated fairly under the custody of the EFCC. “It was clear to them that Yahaya Bello was scared and worried that he would not get fair treatment with the EFCC considering their long infamous history. It took a while to convince him to surrender with assurances from Ribadu, AbdulRazaq and Olukoyede of his safety and fair treatment. Plenty back and forth and some phone discussions. That was how the deal was done,” one of our sources said, anonymously.
So, on Tuesday, November 26, six days after THEWILL’s exclusive report, the ‘White Lion’ arrived at the EFCC Abuja headquarters, surrendered and was subsequently detained.
Michael Ohiare, his spokesman had in a recent statement said Bello had, “all the while, only sought the enforcement of his fundamental rights in order to ensure due process.
“The case has been before a competent court of jurisdiction and Alhaji Yahaya Bello was duly represented by his legal team at every hearing. It is important for the former governor to now honour the invitation of the EFCC to clear his name as he has nothing to hide and nothing to fear. The former governor believes firmly in the efforts of the administration of President Bola Ahmed Tinubu to place Nigeria on the path of sustainable economic development and he supports the fight against corruption in the country.”
Executive Director of Rule of Law and Accountability Advocacy Centre, RULAAC, Okechukwu Nwaguma, said this is a test case for the EFCC.
He said, “The transparency of the Economic and Financial Crimes Commission (EFCC) in handling Yahaya Bello’s corruption case has come under scrutiny due to several factors. For the EFCC to maintain its credibility, it must ensure transparency and accountability in high-profile cases like that of Yahaya Bello. This involves clear communication, timely updates on investigations and a commitment to act impartially, regardless of political affiliations.”
For lawyer and Convener, Vanguard for Independence of the Judiciary, Douglas Ogbankwa, “the criminal jurisprudence in Nigeria protects the strong and destroys the weak. If it was a poor man that was involved in this matter, a manhunt would have been launched and within 30 days he would have been caught and clamped into prison. As I talk to you now, this case has gone to the Supreme Court where it has been argued that the charge has not been properly served. How do you serve a charge when the person has been on the run and the court then says the charge should be served and published in national newspapers?”
ONGOING PROSECUTION
Meanwhile, the EFCC on Friday arraigned Bello on another alleged N80.2 billion fraud. The arraignment was however stalled due to the absence of his legal representatives in court.
The EFCC had earlier filed a 19-count charge against him, accusing him of conspiracy, money laundering, breach of trust and misappropriation of public funds. His nephew, Ali, and two others, Dauda Suleiman and Abdulsalam Hudu were also charged alongside.
Justice Emeka Nwite of the Federal High Court, Abuja, had earlier issued an arrest warrant for Bello on April 17, 2024, following his repeated failure to appear for arraignment. He was subsequently declared wanted by the anti-graft agency in April 2024.
After exhausting legal avenues to evade arrest, Bello surrendered to the EFCC on Tuesday.
He was detained and scheduled to face trial on separate charges amounting to N110.4 billion before Justice Maryanne Anenih of the FCT High Court.
Marked: CR/7781, the charges alleged that the former governor misused state funds to acquire properties, including No 35 Danube Street, Maitama District, Abuja (N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million) and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million).
Other properties the defendants allegedly acquired with funds stolen from the Kogi State treasury, included Block D Manzini Street, Wuse Zone 4, Abuja (N170 million), Hotel Apartment Community: Burj Khalifa, Dubai (Five Million, Six Hundred and Ninety-Eight Thousand, Eight Hundred and Eighty-Eight Dirhams), Block 18, Gwelo Street, Wuse Zone 4, Abuja, Block 18, Gwelo Street, Wuse zone 4, Abuja, (N60 million) and No. 9 Benghazi Street Wuse, Zone 4, Abuja, (N310.4 million).
He is also accused of transferring $570,330 and $556,265 to TD Bank, USA, and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
Justice Anenih ordered Bello and his co-defendants to be remanded in EFCC custody, pending the hearing of their bail application on December 10.
However, when Bello was brought before Justice Nwite on Friday for arraignment on the N80.2 billion charge, his legal team was absent.
EFCC counsel, Kemi Phinero, sought to proceed with the arraignment, but Bello informed the court that he was only notified of the proceedings late on November 28 and was unable to contact his lawyers.
Phinero said, “In view of his physical presence in court and relying on Sections 271-277 and Section 392 of the Administration of Criminal Justice Act (ACJA), I respectfully apply that the charge be read to the defendant, his plea be taken, and my lordship adjourn for further proceedings.”
He referenced two Court of Appeal rulings, dated August 20, 2024, which upheld a defendant’s presence in court as satisfactory enough for his arraignment and further buttressed his position with the fact that Bello had failed to appear in court on several occasions, prompting an application for his trial in absentia.
The former governor argued that the case had originally been adjourned to January 21, 2025, and his counsel was likely unaware of the court’s decision to bring the date forward.
In a brief ruling, Justice Nwite held that the absence of Bello’s legal representation necessitated a deferment to ensure justice.
“It would have been different if the defendant had no lawyer representing him. It is, therefore, my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” the judge said.
Justice Nwite ordered that Bello’s lawyers be served with a hearing notice and adjourned the case to December 13 for further proceedings. He also directed that Bello remain in EFCC custody until the next court date.
