Yahaya Bello: Ignore Crisis Merchants, Lawyers Counsel EFCC chair

Some lawyers have advised the chairman of the Economic and Financial Crimes Commission (EFCC), Olanipekun Olukoyede, to disregard the calls by ‘crisis merchants’ and follow established legal procedures in the case of former Kogi State Governor, Yahaya Bello.

The Center for Economic and Social Justice (CESJ) said the anti-graft agency is under a legal obligation to enforce the law and not break it.

Speaking at a press conference on Tuesday in Abuja, Asika Raymond Osas said Bello remains innocent until proven otherwise.

“We have read on certain platforms the persistent call by some uninformed commentators for the EFCC to abandon the rule of law and established legal processes in the discharge of its constitutional mandate,” he said.

“It is obvious that most of those making this illegal call are either ignorant of the criminal procedure under our laws or have taken sides in the politics that has allegedly continued to define this matter.

“Aligning with opposition figures in Kogi state to cause anarchy and breach the rule of law in whatever guise is unacceptable. No political interest is worth the blood of any Nigerian. Toeing the path of anarchy and destruction must be vigorously discouraged.

“As lawyers, who are unreservedly dedicated to our duty to the society and the courts, we wish to educate these uninformed persons thus;
The position of the law under our legal system is that no matter the seriousness or gravity of the offence allegedly committed by a defendant, the charge or information against him before a competent court remains a mere allegation until the contrary is proven.

“And having followed the issue from inception, it is correct to say that, for now, he is still on his right as far as the controversy is concerned. He was duly protected by the law as of the time a siege was laid on his residence. The EFCC has charged him to court and the process is ongoing. Politicians should allow the Commission to focus on its responsibilities and not continue to drag it into their struggle for political survival.

“The right to liberty of individuals is guaranteed and protected by both international and national instruments, Article 9 of the International Covenant on Civil and Political Rights (ICCPR) of 1966, Section 35(1) 1999 Constitution of Nigeria (as amended). These provisions prohibit arbitrary arrest and detention. A defendant should not be deprived of his personal liberty before the determination of the allegation against him. Every person facing any criminal allegation has his or her fundamental right to personal liberty and to be treated inhumanly.

“And to the agitators, we want to remind them that the presumption of innocence is codified in various international, regional, and national documents and could be seen as a universal principle widely supported in a multiplicity of international instruments – the Universal Declaration of Human Rights in Article 11(1), Universal Declaration of Human Rights, Article 14(2) of the International Covenant on Civil and Political Rights, Article 7 of the African Charter on Human and Peoples’ Rights, Article 48 of the European Union Charter of Fundamental Rights and Section 36(5) of the 1999 constitution of the Federal Republic of Nigeria (as amended).

“We are therefore perturbed that despite the legal instruments above, some Nigerians will avail themselves to be used by political detractors to even suggest that the EFCC should use the military to arrest a defendant that criminal responsibility has not been established against by a court of competent jurisdiction. How absurd. This is indeed politics taken too far.

“We wish to strongly call on the EFCC to ignore the calls by ‘crisis merchants’ and follow established legal procedures in the discharge of its duties like it has started doing. The EFCC is a creation of the law and it must resist political opponents attempting to lead the commission to worsen the already delicate security situation of Nigeria.

“The EFCC is under legal obligation to enforce the law and not break same. It must resist temptation and uphold the integrity for which many Nigerians welcomed its creation. The fears that EFCC case against Bello is a political persecution rather than law enforcement keeps heightening amongst Nigerians and the commission must restore the waning confidence of the Nigerian people in its apolitical nature, particularly, in the ongoing trial of the former governor.

“We have also been reliably informed that this same hired protesters have been briefed by some Kogi politicians to write to embassies to deny former Governor Yahaya Bello Visa. This is the extent political detractors can go to hang a yet to be convicted man. We are putting the embassies on notice of these evil acts.

“Rights of individuals under international laws must be respected. Political interests must not be allowed to erode such established protocols and rights.
Our mission is justice.”