The Kogi court restrained the EFCC from arresting, detaining and prosecuting Bello in a ruling given on Wednesday, April 17.
The Court of Appeal in Abuja did not sit on Monday to hear the appeal lodged by the Economic and Financial Crimes Commission against the order of a Kogi State High Court which restrained the anti-graft agency from arresting former Kogi governor, Yahaya Bello, NAN reports.
The Kogi court restrained the EFCC from arresting, detaining and prosecuting Bello in a ruling given on Wednesday, April 17.
Bello had filed a case of a breach of his fundamental human rights by the anti-graft agency before the state High Court.
In his fundamental Human Rights enforcement application, the former governor prayed for an order restraining the EFCC from arresting, detaining and prosecuting him unjustly.
Consequently, the court restrained the respondents from persecuting the applicant, safe only when it has reasonable evidence upon proper investigation.
On the issue of jurisdiction, as challenged by the EFCC, the judge said it had failed and so it was dismissed.
“This honourable court has jurisdiction to entertain this application.
“Therefore, the substantive issues of fundamental human rights sought by the applicant succeed,” the judge declared in Lokoja, the Kogi State capital.
The judgment coincided with the siege to the Abuja residence of Bello by EFCC operatives in a bid to arrest him.
The EFCC is seeking to arraign the former governor on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to N80.2 billion.
In another ruling, Justice Emeka Nwite of the Federal High Court sitting in Abuja on Wednesday granted the EFCC permission to arrest the former governor.
In his ruling on the motion, Justice Emeka Nwite also directed that the former governor be produced before him on April 18 for arraignment.
He said, “It is hereby ordered as follows: that an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment. That case is adjourned until April 18 for arraignment.”