Yahaya Bello’s conduct and his lack of probable cause

Former Kogi governor Yahaya Bello

Published By: Kazeem Ugbodaga

By Kunle Aremu

There is always a limit to every illegality, especially when it is about financial recklessness and misappropriation. Even now that the former Governor of Kogi State, Alhaji Yahaya Bello is deploying every legal means to cover up his alleged dirty past, there are strong indications that he may not have his way after all.

Having failed to stop his arrest by the Economic and Financial Crimes Commission at the trial and appellate courts, Bello is seeking a solace at the Supreme Court.

His proceeding at the supreme court appeared to have led to the adjournment of his trial at the Federal High Court Abuja to October 30.

This is a legal cause Bello had taken to stop his arrest by the EFCC even though he visited the commission’s office about two weeks ago in the guise of presenting himself.

However, the lyrics being played by his media and legal teams are audible enough to know that Bello is failing in his fight to stop his prosecution over allegation of N80.2 billion financial misappropriation. While his teams are devoting too much energy to demonise the handling of the case by the EFCC, the clock is ticking faster and movingthe former governor closer to dock to answer various questions on how he misappropriated public funds.
Worse still, the federal government has filed a fresh 16-count charge against the former governor.

The fresh charge filed before a federal high court in Abuja borders on alleged criminal breach of trust to the tune of N110, 446,470,089, contrary to sections 96 and 311 of Penal Code Law Cap.89 Laws of Northern Nigeria, 1963 and punishable under Section 312 of the same law.

He is to face this fresh 16-count charge alongside two officials of the Kogi State government — Abdulsalami Hudu and Umar Oricha.

The defendants were alleged to have used funds from the Kogi state treasury to acquire properties in high-brow areas within the federal capital territory (FCT) and in Dubai, United Arab Emirates.

Count one of the charge alleges that Bello, Oricha and Hudu, sometime in 2016 in Abuja, agreed among themselves “to cause to be done an illegal act to wit: criminal breach of trust in respect of the total sum of N110, 446, 470, 089.00 (One Hundred and Ten Billion, Four Hundred and Forty six Million, Four Hundred and Seventy Thousand, Eighty Nine Naira) entrusted to you”.

In count two, the defendants were said to have used the total sum of N950 million in 2023 “for the acquisition of a property known as No: 35 Danube Street, Maitama District, Abuja”.

Count three accused the defendants of using N100 million “for the acquisition of a property known as No: 1160 Cadastral Zone CO3, Gwarimpa I District, Abuja” in 2021.

In court four, they were accused of using N920 million “for the acquisition of a property known as No: 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja” in 2020.

The defendants, in count five, allegedly used N170 million “for the acquisition of a property known as Block D Manzini Street, Wuse Zone 4, Abuja” in 2022.

In count six, they allegedly used N100 million to purchase a property known as No: 1773 Guzape District, Abuja in 2018.

In count seven, they allegedly used another N100 million “for the acquisition of a property known as No: A02/176 Block 488B, Lome Street, Wuse 1, Abuja” in 2020.

In count eight, they were said to have in 2020, used N66 million “for the acquisition of a property known as No: 739 Aminu Kano Crescent, Wuse 2 at No. 13 Citiscape-Sharriff Plaza, Abuja.”

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Count nine alleges that the trio used N550 million for the acquisition of a property known as No: 2934 A Cadastral Zone A06 also known as No.1 Ikogosi Spring Close, Maitama District, Abuja”, in 2020.

In count 10, they were said to have used N650 million to purchase a property known as No: 1058, Measuring 1450.77 sqm in Cadastral Zone A08, Wuse 2 also Known as No. 2 Durban Street Abuja, in 2021.

In count 11, the accused persons were said to have used 5,698,888 Dirhams in 2022 “for the acquisition of a property located at Hotel Apartment Community: Burj Khalifa, lying, being and situated at Plot 160, Municipality NO 345-7562, Sky View Building No.401, Floor4, Dubai U.A. E.”

Count 12 accused the defendants of using N60 million for the acquisition of a property known as Block 18 (337) Flat B Gwelo street, Wuse Zone 4, Abuja in 2016.

In count 13, the defendants were alleged to have “dishonestly used the total sum of N310, 443,450.00 to tastefully renovate a property known as No: 9 Benghazi Street, Wuse Zone 4, Abuja” in 2017.

Count 14 alleges that the defendants “dishonestly sent the total sum of $570,330.00 to account No. 4266644272 Domiciled with TD Bank, United States of America” in 2021.

In count 15, they were also alleged to have “sent the total sum of $556,265.00 to account No. 4266644272 domiciled with TD Bank, United States of America”, in 2021.

In count 16, Bello alone was alleged to have had under his control, “the total sum of N677, 848,000 unlawfully obtained from Bespoque Business Solutions Limited” sometime between 2017 and 2018, in Abuja.

From the look of things, one can infer that the EFCC is less bothered by the hide and seek game of Bello while it concentrates more on the various allegations against the former governor.

Bello has failed five times to appear before the court but his lawyers, who grossly abusing the court process, according to the counsel for the EFCC, Mr. Kemi Pinheiro, SAN.

Pinheiro urged the court to recommend Bello’s lawyer to the Legal Practitioners Disciplinary Committee for sanction, accusing him of helping his client to ridicule the integrity of the judiciary.

In law, Bello and his legal team had chosen the EFCC door and courtroom to entertain members of the public in the guise of fighting a process instead of allegation of financial misappropriation.

To Pinheiro, the legal council should impose its coercive powers on Bello’s lawyer to let him know that the court is not a place for entertainment.

To Pinheiro, former kogi governor, Bello was out to cause anarchy when he visited EFCC’s car park holding the hands of his successor, Governor Usman Ododo who is under immunity with full complement of all the paraphernalia and security of his office.

Yet the the team of lawyers representing the former governor, led by Mr. A. M. Adoyi, who escorted him to EFCC office is seeking to set-aside the arrest warrant that was issued against its client on April 17 at the Supreme Court.

-Kunle Aremu is a seasoned journalist and Columnist