A State High Court in Lokoja on Wednesday granted an order restraining the Economic and Financial Crimes Commission (EFCC) from arresting, detaining or prosecuting the former governor of Kogi State, Yahaya Bello.
In a two-hour judgment delivered in suit no HCL/68/M/2020, Justice I.A Jamil ruled that infringing on Bello’s fundamental human rights is null and void except as authorized by the court.
“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant except as authorized by the Court. This is a definite order following the earlier interim injunction given,” the judge stated.
Mr Bello had filed a case alleging the breach of his fundamental human rights by the anti-graft agency before the state High Court.
The former governor sought an order restraining the EFCC from arresting, detaining, and prosecuting him unjustly while also seeking enforcement of his fundamental rights.
Background
The legal tussle between Yahaya Bello and the EFCC dates back to his tenure as governor of Kogi State from 2016 to 2023.
During this period, the anti-graft agency had repeatedly attempted to investigate the former governor over allegations of corruption and financial misappropriation. However, Bello had consistently denied any wrongdoing and accused the EFCC of a witch-hunt.
Court’s Decision
In his ruling, Justice Jamil upheld Mr Bello’s prayers, restraining the EFCC from persecuting the applicant, “save only when it has reasonable evidence upon proper investigation.”
The judge also dismissed the EFCC’s challenge regarding the court’s jurisdiction stating, “This honorable court has jurisdiction to entertain this application. Therefore, the substantive issues of fundamental human rights sought by the applicant succeed.”