A Senior Advocate of Nigeria, Muiz Banire, has stated that the Economic and Financial Crimes Commission, EFCC, has not disobeyed any court order contrary to the claims of some, including a political pressure group within the All-Progressives Congress (APC), the South-South Network for Good Governance (SSNGG), who accused the EFCC of disobeying valid orders of the Courts as they affect the former Kogi State governor, Yahaya Bello.
Banire in an interview with ARISE NEWS on Thursday, emphasised the importance of understanding the recent judgment in its entirety, adding that the persons behind the spread of the false narrative have clearly not read through the judgement.
“To the best of my knowledge, EFCC has not disobeyed any court order at all. Most of the people that have been peddling that information have certainly not read the judgement. I have had the privilege of reading the judgement and you will see that the import of the judgement is to say refrain from harassing him and defaming him and so on.
“But the judge himself in the judgement put a caveat there saying that however, where the federal high court issues any order, that order should be obeyed. Secondly, he also gave a directive saying that if they have any allegations against Yahaya Bello, then such should be formally brought before the federal high court as EFCC has done. So, in the light of that, you discover that there is consistency in the two judgements.
Regarding the notice of discontinuance, Banire said it is a consequential step due to the final judgment rendered by the Kogi State High Court, rendering the initial expatriate order obsolete.
“As regards to the notice of discontinuance, of course that is just consequential because the appeal before the court of appeal was in respect of the expatriate order made by the Kogi state high court. Eventually, the court had given the final judgment, thereby rendering the initial expatriate order meaningless. So, if there will be any appeal at all, it will be against the substantive judgment rendered by the Kogi State high court, not the expatriate and it has no impact with the proceeding before the Justice.
He also stated that the EFCC’s response was prompted by remarks from Yahaya Bello’s media team, highlighting that only evidence and not social media narrative will determine the fate of the defendant.
“From my observation, the EFCC was drawn out by Yahaya Bello through the various statements credited to his media team and it is fair for them to respond to the public opinion on the issue. The courts are insulated from all the social media information. A judge is not meant to live by those pronouncements from the media palely at all. If you look at it critically, it is the evidence before the court that ultimately would determine the fate of the defendant. It is not what was said outside there.
“My expectation from the court is that arrangement proper will take place at the next adjourned date and now he has been served with the charges including the proof of evidence which we expect that by now, his lawyers will be studying so they will be able to prepare their case and come before the court to either apply for bail since it is a bailable offense and if the court is so disposed they will grant him and at the end of the day he will regain temporary freedom till the determination of the matter. On the part of the EFCC, if they are ready to prove their case in some courts and if their witnesses are on ground, the matter will proceed that day, while in some other court, the matter will be scheduled for another day for trial to commence. That is the expectation.
“Honestly, it is amazing to me that simple invitation, you have claimed in the fundamental human right act that these people are witch hunting, they are being propelled by my political adversary, allegations are baseless. So, there is a platform for you now to clear and say everything they are saying are all lies. Now, why are you resisting to go there and just walk in? If you have refused to honor the invitation of EFCC, what of that of the court? This is an opportunity for you who has presumed innocence, because ultimately, whether you like it or not, you will still appear before the court. For me the drama is unnecessary and unwarranted.”
The Economic and Financial Crimes Commission (EFCC) had earlier publicly declared the former governor of Kogi state, Yahaya Bello, as a wanted individual over alleged financial crimes amounting to N80 billion.
Also, in a report on Tuesday, the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, revealed that the former Kogi governor Yahaya Bello, withdrew $720,000 from the state’s coffers to pay for his child’s school fees in advance.
Chioma Kalu
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