Former Kogi Governor, Yahaya Bello, has asked the Federal High Court in Abuja to adjourn indefinitely the ongoing case against him by the Economic and Financial Crimes Commission (EFCC) over alleged money laundering. He is also seeking to have the arrest warrant issued against him set aside.
In a letter dated July 12, Bello’s counsel, Musa Yakubu, a Senior Advocate of Nigeria (SAN), requested that the court vacate its arrest order pending the determination of his appeal at the Court of Appeal, Abuja.
The appeal was filed on May 24, seeking to set aside the warrant of arrest issued against him on April 17, 2024. Bello’s counsel argued that the court lacks jurisdiction to entertain any application or take any step regarding the warrant of arrest as long as the appeal is pending.
According to Bello’s counsel, Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 provides that after an appeal has been entered and until it has been finally disposed of, the whole proceedings between the parties shall be seized off court. He cited several cases, including Vab Petroleum INC V. Momah (Supra), to support his argument.
The EFCC had applied for a variation of the warrant of arrest, requesting that it be extended to other security agencies. However, Bello’s counsel urged the court to decline the request and await the outcome of his appeal.
The letter also drew attention to a similar case in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings in a criminal appeal pending at the Court of Appeal. Bello’s counsel urged Justice Nwite not to be misled or hoodwinked by the EFCC into a head-on collision with the Court of Appeal.
Bello’s request to adjourn further proceedings in the charge sine die pending the determination of his appeal was made in response to a letter from the EFCC dated July 8 and filed on July 10. The case was originally scheduled for arraignment on July 17.
The National Judicial Council (NJC) and Chief Judge of the Federal High Court were copied on Bello’s letter.
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