Human Rights lawyer, Mr Femi Falana SAN, on Wednesday, said no court of law can prevent the Economic and Financial Crimes Commission from prosecuting the former governor of Kogi state, Yahaya Bello, over alleged theft of N84bn from the coffers of the state.
Falana’s reaction came on the heels of the declaration by the former governor that the EFCC had disobeyed a court order by attempting to arrest him to answer the charge of the alleged N84bn theft.
Falana, in a statement he signed, said the move by the EFCC was tenable as Bello had lost his immunity from arrest and prosecution.
“As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria,” Falana asserted.
Speaking further, the human rights lawyer said the Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him.
Citing the case of Orji Kalu versus the Federal Republic of Nigeria (2016) 39 WRN 53, where the Appellant challenged the EFCC for charging him before the Federal High Court despite the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.
“In dismissing the appeal, the Supreme Court said that the “gagging order” should not be allowed to stand and that “The suit of the Appellant at Abia State High Court and the general and ambiguous order made therein were clearly intended to ‘muzzle’ or prevent the 1st Respondent from discharging its statutory function,” Falana recalled.