A Constitutional lawyer, Ewa Okpo, has described the actions of the Financial and Monetary Crimes Fee within the ongoing face-off with the fast previous Governor of Kogi State, Alhaji Yahaya Bello, as “trial by mischief”.
In an interview on Come up TV’s morning present on Saturday, the authorized practitioner particularly said that it was mistaken, within the first occasion, for the EFCC to aim to arrest the previous governor when it was conscious of a subsisting restraining order, which had not been vacated as of the time of its motion.
He stated the entire “drama” was centred round an abuse of courtroom course of.
“I feel that it’s a reasonably unlucky narrative for Nigeria, and to summarize the entire of this drama in authorized phrases can be to simply say, look, that is an abuse of the courtroom course of.
“Why do I say abuse of courtroom course of? To efficiently prosecute anyone in Nigeria, on this case, the EFCC is prosecuting Yahaya Bello; there are six classes of legal guidelines that you should comply with.
“The bottom legislation being the Structure, administration of Legal Justice Act, the legislation that empowers the prosecutor, on this case, EFCC Act; the legislation that defines the offence and the punishment, on this case, Cash Laundering Act; after which the legislation of the courts with jurisdiction.
”On this case, that might be the Federal Excessive Court docket Act, Follow Directive and the remainder of it that information proceedings on the Federal Excessive Court docket, and, in fact, the Proof Act and different ancillary legislations.
”Now what is predicted of the EFCC on this occasion, the place you comply with all of those legal guidelines put collectively? They should have at first invited the suspect (formally), within the individual of Mr Yahaya Bello; when he refuses to honour the invite; EFCC doesn’t even must get a warrant from the courtroom; it’s an administrative energy to concern a warrant,” he stated.
In accordance with him, according to all of the steps he enumerated, the EFCC did not comply with correct authorized procedures within the matter.
”Sadly, you already know, they reasonably tried to arrest the person after they couldn’t arrest him. Being good, I need to give it to Yahaya Bello; he obtained his attorneys, they usually ran to the courtroom and obtained an order restraining the EFCC.
”Now you should perceive as a result of I feel that what the EFCC is making an attempt to do now’s what might be described as trial by mischief,” he said.
Okpo added that courtroom orders restraining legislation enforcement businesses from harassing or arresting people needs to be revered and emphasised that such orders don’t restrain the courts themselves.
He condemned the EFCC’s disregard for the courtroom orders and careworn the necessity for accountability inside legislation enforcement businesses.
Okpo additionally counseled the courtroom’s intervention, stressing that it served as a vital verify on the actions of legislation enforcement businesses and promotes adherence to the rule of legislation.
“Now, the EFCC is the watchdog. We’d like the EFCC to operate in Nigeria. However in the middle of them being the watchdog, who watches them? And so when there’s an order, EFCC, you can not right mistaken by doing mistaken.
“Since there was an order restraining the EFCC, that they had no enterprise trying to arrest Mr. Yahaya Bello,” he stated.
