… Threatens Legal Action Against IGP
A civil society organisation, the Centre for Social and Economic Rights (CSER) has petitioned the Inspector General of Police (IGP) to effect the arrest of former Kogi State Governor Yahaya Bello who has been declared wanted by the EFCC for investigation and arraignment for corruption and abuse of office after shunning the anti graft agency invitation.
In a press release issued by its executive director Nelson Ekujumi, the group also reminded the IGP that he’s a member of the board of the EFCC and that by virtue of his membership, he’s expected by law, “To support the EFCC with its performance and also deploy human resources, officers as the need may arise”.
The group then went ahead to demand the obligatory duty of the IGP as enshrined in the Nigeria Police Establishment Act 2020 to effect the arrest of H.E. Yahaya Bello and hand him over to the court or the EFCC for arraignment.
According to Nelson Ekujumi, failure of the IGP to comply with the request for the arrest of H.E. Yahaya Bello within 14 days and hand him over to either the court or the EFCC, they will be forced to apply for an Order of Mandamus to compel the IGP to perform his statutory obligations.
The “open letter” to the IGP dated September 30, 2024 titled Demand for the Arrest and Handing Over of the Former Governor of Kogi State, His Excellency, Alhaji Yahaya Bello, as signed by Nelson Ekunjumi.
The letter reads in part:
“With humility, we have the pleasure to introduce to you our organization, the Centre for Social and Economic Rights (CSER), which is at the vanguard of advocating and promoting transparency and accountability in our Country, Nigeria.
“Sir, we deem it fit and most appropriate at this point in time to request that you deploy the resources and the expertise of your office to arrest and bring before a competent law Court the immediate past Governor of Kogi State, His Excellency, Alhaji Yahaya Bello, or upon his arrest, to hand him over to the Economic and Financial Crimes Commission (EFCC) for investigation and subsequent arraignment in the court of law.
“As you are aware Sir, that upon the application to the High Court by the EFCC for an arrest of the former Governor, the said application was granted and an Order for his Arrest was issued by the Court. In this light, the Economic and Financial Crimes Commission, EFCC, on Thursday, April 18, 2024 declared the former Governor of Kogi State, H.E Yahaya Adoza Bello wanted and a bench warrant for his arrest was issued.
“Furthermore, the Court of Appeal in a unanimous judgement read by Justice Kenneth Amadi, in appeal number: CA/ABJ/CV/536 held that the appellant (Yahaya Bello) having been aware of his charge on the media space and same published by the respondent (the EFCC) but refused to appear to take his plea; the trial court was right in issuing his warrant of arrest.
“That we are aware and it is well known to the public that all attempts by the EFCC and the Court to make H. E. Yahaya Bello face justice and answer the allegations against him, are being repeatedly frustrated by your men (policemen), who continue to provide security for the former Governor, thereby preventing his arrest.
“It is trite, we specifically remind, re-emphasise and refer you to THE NIGERIA POLICE ESTABLISHMENT ACT, 2020 which provides as follows:
“PART 1; PRELIMINARY
The objective of this Act is to provide for a more efficient and effective police service that is based on the principles of:
(a) accountability and transparency;
(b) protection of human rights and fundamental freedoms; and
(c) partnership with other security agencies.
“SECTION 3 (F)
The Police SHALL collaborate with other agencies to take necessary action and provide the required assistance…”
“Sir, it is more embarrassing to us that your good self being the Inspector General of Police and the Director General of the Department of State Security Service (DSS), by law, actually sit on the Board of the EFCC. The drafters of the EFCC Act actually knew what they were doing when they included you and the Director General of the DSS as members of the Board of EFCC, the reason for such cannot be farfetched, which is to support the EFCC with its performance and also to deploy human resources, officers as the need may arise.
“May we ask what is the relevance, importance and use is your membership of the EFCC Board if you cannot get the man already declared wanted by the court arrested? Worse still, your men have been seen in the full glare of the public not only providing security cover for H.E Yahaya Bello, but also actually preventing the EFCC from arresting him.
“Owing to the above and coupled with the facts that H.E Yahaya Bello’s failed and refused to voluntarily report to the nearest police station, to the EFCC or the court, has caused Nigeria gross shame locally and internationally; we are therefore, left with no other option than to demand your obligatory duty as enshrined in the Nigeria Police Establishment Act, 2020 and in line with your constitutional responsibility. We hereby give you a maximum of fourteen (14) days to arrest H.E Yahaya Bello and hand him over to the EFCC or the court.
“Finally, should you fail to meet our request above, please take note that we will, without further communication with you, commence a legal action against you by applying to the court for an Order of Mandamus to compel you to perform your statutory obligations by arresting and taking His Excellency Yahaya Bello to either the EFCC or the law court.”