According to human rights activist and lawyer Femi Falana, the Economic and Financial Crimes Commission (EFCC) has the authority to arrest and prosecute the ex-Kogi State governor, Yahaya Bello.
Falana emphasized that Bello’s immunity has been revoked, making him eligible for arrest and prosecution by the EFCC.
An attempt to arrest Bello over financial fraud investigations led to EFCC operatives raiding his residence in Abuja on Wednesday.
Following the raid, the former governor was discreetly removed from his home by his successor, Governor Usman Ododo.
Despite this, Falana challenged the court’s decision, claiming it contradicts established legal principles.
He cited Section 35(1)(c) of the Nigerian constitution, asserting that law enforcement agencies, such as the police and anti-corruption bodies, are allowed to apprehend a suspect if there is a reasonable suspicion of criminal activity.
In his signed statement, Falana stated: “Having served as a former governor, Mr. Yahaya Bello is no longer shielded by immunity from arrest and prosecution. A former governor in Nigeria cannot be granted perpetual immunity by any court.”
“In accordance with Section 35(1)(c) of the Constitution, law enforcement agencies and prosecutorial bodies have the right to apprehend a criminal suspect if there is credible evidence of criminal wrongdoing.”
“The Supreme Court has previously clarified that a High Court’s decision, instructing that a criminal suspect should not be detained, does not negate the jurisdiction of another court to prosecute the individual.”
“In the legal case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant contested the EFCC’s prosecution of him before the Federal High Court, despite a High Court order in Abia State restraining the anti-graft agency from violating his personal liberty.”