EFCC Vs Bello: The Facts, Errors, Way Forward

Ayodeji Seriki x-rays the facts and figures of the EFCC/Yahaya Bello matter and suggest the way forward.

In the last few weeks, not a few people have resisted the temptation to comment on the latest development about the ‘wanted’ former Governor of Kogi State, Alhaji Yahaya Bello and the Economic and Financial Crimes Commission (EFCC). Two things call for their reluctance; to avoid  following the bandwagon and the fact that the story has almost become an overkill.

But the more analysts and politicians talk about the issue, the more it provokes discerning minds to air their views.

Unfortunately, recent development has shown a one-sided argument from the supporters of either of the parties involved.

In most cases, stories are laced with emotions and sentiments rather than facts of the matter. Many commentators have erred in their approaches of writing or speaking from the prism of a party with total abandonment of the other party.

Before the issue can be laid to rest, three questions are germane. One, does Yahaya Bello have a case to answer? Two, was he declared wanted by EFCC? Three, did he visit the commission’s Abuja office or not?

While the last two questions have been largely dealt with in the last few days, only a few people have considered it necessary to look at the cause of the matter before looking at the effect.

The Facts

Prior to Bello’s visit to the EFCC’s office in Abuja penultimate week, the former Kogi State governor, was being tried over a case of money laundering to the tune of N80, 246, 470,089.88k (Eight Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand and Eighty-nine Naira, Eighty-eighty Kobo).

Also, a Federal High Court, Maitama, Abuja, had earlier granted the commission an arrest warrant to bring Bello to court. Of course, Bello’s counsel,  Adeola Adedipe (SAN) had prayed the court to quash the arrest warrant granted the Commission against Bello, arguing that a substituted service to the defendant through his counsel, Abdulwahab Muhammad (SAN) had invalidated the arrest warrant. Then came a turning point, EFCC declared Bello wanted.

Fast Forward to Friday, September 18, 2024, a statement issued by Ohiare Michael, Director of the Yahaya Bello Media Office indicated that Bello had visited the EFCC.

According to reports in various news platforms, Bello, accompanied by his successor, Governor Usman Ododo and a few other political associates, waited for three hours at the premises of the commission without any effort by the EFCC officials to question or detain the former Governor.

Members of the public were then fed with confusing narratives. First, like the dry season fire, the news spread that Bello had, at last, submitted himself to the EFCC. Nigerians were yet to fully stomach this when the commission issued a statement to counter it.  In a statement by the  EFCC spokesman, Dele Oyewale it was stated that the governor wasn’t in the commission’s custody.

In a swift reaction to the latest development, the Yahaya Bello Media Office on Wednesday called on President Bola Tinubu to step into the face-off between the immediate past governor and the EFCC. In a statement, the Director of the Yahaya Bello Media office, Ohiare Michael, claimed the anti-graft agency has ulterior motives in the fight against corruption.

The Errors

Despite its constitutional power, EFCC made a tactical mistake during Bello’s visit. Yes, it confirmed that the former Governor did visit the office, but added that he was left to go because of the way he appeared. The argument is weak to have come from a constitutionally empowered body like EFCC. It sounded unbelievable that an accused person that had been sensationally declared wanted to voluntarily present himself and instead of arresting and taking him to court for prosecution, he was allowed to walk away.

When the agency discovered the possible effect of this on its corporate image, officers were sent to Kogi State Lodge in Abuja to arrest Bello. With this, another error was committed because gunshots were fired and public peace was disturbed. 

The third mistake was the excuse that the man was let go because of his manner of appearance and the people that came with him. With this, Bello was alleged to have breached the EFCC protocol. According to the agency, no Nigerian, no matter how highly placed, was expected to come for an invitation in a convoy of vehicles and with a sitting governor. To this end, the agency pointed out that Bello came with grandeur which is contrary to its procedures.

A little peep into the past busted this argument. On October 16, 2018, when former Governor of Ekiti state, Ayodele Fayose reported at the EFCC office in Wuse, Abuja, the current FCT Minister, Nyesom Wike and others were with him. Yet, he was taken into custody and detained.

Also, in 2014, when the DSS invited El-Rufai, Hon Rotimi Amaechi who was the Governor of Rivers State and Chris Ngige, a serving Senator then were among those who accompanied him.

Few years later, EFCC under Ola Olukoyede is telling Nigerians that because a governor accompanied Bello to the EFCC headquarters in Abuja, they let him leave, only to invade the Kogi State Govt Lodge in Asokoro, Abuja, in the night, shooting sporadically, looking for the same Yahaya Bello. What an irony?

The Way forward

Two options are opened to stakeholders in this issue. First, as a result of the sensationalization of the matter, it has been tagged a media trial by members of the public. It is likely therefore for Bello to have lost confidence in the process.

To this end, it may be necessary for the presidency to take another look at the issue or ask EFCC to quit and give the investigation to another neutral organization.

Many observers have also condemned the way and manner EFCC has thrown caution into the winds and resulted in a media trial or judge in its own matter. To those who share this view, under the constitution which is the fons et origo and the grundnorm of Nigeria’s law, Bello is still presumed innocent until the contrary is proved based on the country’s adversarial system of justice. Therefore, why is this media trial by the EFCC?

Last week, a renowned anti-corruption group, Save Nigeria Coalition, criticised the commission over its handling of the prosecution of Bello. The group alleged that the EFCC’s actions are a “shameful outing” and a “media trial” that suggests a predetermined outcome.

Speaking at a press conference, its Country Director, Dr Felicia Daniel, said the EFCC’s failure to detain Bello after he voluntarily presented himself for questioning raises questions about the agency’s intentions.

The Save Nigeria Coalition also slammed the EFCC for allegedly writing “barefaced lies” and making “irreconcilable blunders” in its attempt to prosecute Bello.

Furthermore, the group questioned the EFCC’s selective prosecution, citing cases against Senator Danjuma Goje, former governors Abdullahi Ganduje and Samuel Ortom as well as Senator Godswill Akpabio that have not been pursued.

To this end, the Group called on President Tinubu to intervene and ensure the EFCC follows due process, warning that selective prosecution will undermine the country’s democratic credentials.

Perhaps echoing the statement issued by Bello’s Media Office last week, the pro-democracy group has also called on step in now and protect the rule of Law.

-Seriki, a public affairs analyst, writes from Lagos.