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EFCC Vs Yahaya Bello: Appeal Court Asked To Vacate Arrest Warrant, Trial Court To Adjourn Case Indefinitely, Return Case File To CJ
The arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, over the alleged N80 billion money laundering charges made against him by the Economic and Financial Crimes Commission (EFCC), scheduled for tomorrow (Wednesday) may be stalled again, as Justice Emeka Nwite of the Federal High Court, Abuja, has been asked to adjourn indefinitely, proceedings in the charge, pending the determination of an appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
In the Appeal No. CA/ABJ/CR/535/2024, in which the trial Judge, Justice Emeka Nwite is being accused of miscarriage of justice, Bello is, through his Counsels, Musa Yakubu (SAN) & Co, seeking the setting aside of the Warrant of Arrest believed to have been illegally issued against him on April 17, 2024, as well as return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
According to the News Agency of Nigeria (NAN),the Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
The former governor is also seeking an order of the Appeal Court, setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.
In a letter to Justice Emeka Nwite, dated July 12, 2024, counsel to Bello, Musa Yakubu (SAN) requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
The letter obtained by NAN and a copy of which was sent to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024 and filed on the July 10, 2024, according to information from the court registry.
In the letter, the EFCC requested for a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the controversial warrant of arrest and other related pronouncements of the trial Court.
According to counsel to Bello;
“Drawing from the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah [Supra] and a litany of other cases too numerous to mention here; we respectfully urge this Honourable Court ex debito justitiae to:
“set aside and expunge from its records the proceedings of the 27th June, 2024, including any ruling, order or directive, same having been conducted in the face of the Defendant’s appeal entered on the 24th of May, 2024 and therefore reached per incuriam;
“Refuse to countenance the application of the Complainant made vide the letter filed on the 10th of July, 2024 and or in the alternative refer same to the Court of Appeal for determination;
“Adjourn further proceedings in this charge sine die pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the Defendant and pending at the Court of Appeal, Abuja.
“The letter read in part; “The Defendant to the Charge had on the 17th of May, 2024 filed a notice of appeal against the ruling of this Honourable Court made on the 10th of May, 2024 refusing to discharge brevi manu the warrant of arrest issued against the Defendant.
“The Defendant pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
“Notwithstanding the foregoing, the Complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
“My Lord, this Honourable Court cannot countenance the application or do anything with respect to the aforesaid warrant of arrest or conduct further proceedings in this charge in view of the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 which is to the effect that:
“After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto.’ Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower Court.
“The warrant of arrest upon which the Complainant’s application is predicated, is subject of appeal in Appeal No: CA/ABJ/CR/536/2024 and by the above reproduced provision of the Court of Appeal rules, this Honourable Court has become functus officio and no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal is now seized of the matter. By virtue of the appeal entered by the Defendant, the warrant of arrest subject of the Complainant’s application is now in total abeyance pending the determination of the Defendant’s appeal one way or another.
“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended) and against the grain of settled position of the law established by the Supreme Court of Nigeria to the effect that, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity. see the case ofVab Petroleum INC V. Momah [20131 14 NWLR Part 1374 P. 284.
“Furthermore, the attention of Justice Emeka Nwite was drawn to a similar case, also a criminal appeal,’ in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings, the Appellant having entered an appeal in Appeal No: CAIL/1159/2023 Between Chief Cletus Ibeto V. Federal Republic of Nigeria, challenging the warrant of arrest earlier issued against him, in the face of his preliminary objection challenging the jurisdiction of the lower Court to entertain the charge filed by the Complainant against him.
“The trial High Court, a Court of co-ordinate jurisdiction with Your Lordship’s Court has stayed further proceedings in the charge pending the determination of the appeal entered by the Appellant therein.
“The Complainant’s application to you therefore, ought not to have been filed at all or if need be, ought to be brought before the Court of Appeal, Abuja which is now seized of the matter. The Complainant’s Counsel as a senior member of the Bar is under a duty to have brought the appeal entered by the Defendant to the attention of this Honourable Court even during the proceedings of 27th of June, 2024, is rather proceeding egregiously as if he is oblivious of and impervious to the appeal entered by the Defendant to the Charge before your Lordship’s Court.
“We, therefore, respectfully urge your Lordship not to be misled sir or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.
“To do otherwise, would be an affront on the hallowed principle of judicial hierarchy and stare decisis which is the very foundation of our legal system,” the letter read further.
News
Ekiti Tribunal Faults Action Alliance Over Delay in Presenting Witnesses
The Ekiti State Governorship Election Petition Tribunal has expressed concern over the repeated failure of the Action Alliance (AA) to present witnesses in support of its petition challenging the outcome of the June 20, 2026 governorship election.
Justice Abubakar Idris Kutigi, Chairman of the three member panel raised the concern during Friday’s proceedings after the AA again failed to produce its witnesses despite earlier assurances that they would appear. Reports from the proceedings indicate that it was the third consecutive sitting at which the party had been unable to present its witnesses.
Nigeria News Alert reports that the development followed the appearance of six witnesses presented by the Social Democratic Party (SDP), who gave evidence relating to the conduct of the election in polling units and wards where they served as party agents and collation agents.
The witnesses were led in evidence by counsel to the SDP and AA, Ebenezer Akinbuli, while counsel representing the Independent National Electoral Commission (INEC), Tunde Salako, and counsel for Governor Biodun Oyebanji, Adetunji Oso, SAN, cross examined them.
The AA and SDP are among the petitioners challenging the declaration of Oyebanji of the All Progressives Congress (APC) as the winner of the governorship election. The AA candidate, Olu Omotoso, polled 126 votes, while the SDP candidate, Adebayo Alade, recorded 179 votes in the election.
After the SDP completed the presentation of its witnesses for the day, attention turned to the AA, which had been expected to commence or continue the presentation of its own witnesses based on an earlier commitment made to the tribunal.
Justice Kutigi reminded Akinbuli of the undertaking previously given to the panel, but the counsel requested another adjournment to enable him to make arrangements for the AA witnesses to appear.
The request prompted the tribunal chairman to question the continued delay, particularly given the length of time that had elapsed since the petition was filed.
“If you are not interested in this case, you these people (AA) should just close your case. If at this stage you have not made up your mind on what you want to do, we can’t just keep adjourning every time and you know that this is an election petition.
“We find this strange and we are not here to play. How does it sound for you to stand before us saying you will be looking for witnesses, after how many months? When was this case filed? Why not pursue this case? You are the counsel, try and take charge of this matter.”
Following the remarks, Akinbuli apologised to the panel and appealed for what he described as a final opportunity to ensure that the AA witnesses appeared at the next sitting.
The counsel assured the tribunal that the party would present its witnesses on Monday, September 28, saying he would “do the needful on the next day of adjournment.”
Counsel for INEC and Oyebanji did not oppose the request, allowing the tribunal to consider the additional opportunity sought by the AA.
Justice Kutigi consequently adjourned further hearing until Monday, September 28, when the tribunal is expected to continue with the petitions and give the AA another opportunity to present evidence through its witnesses.
The latest development adds to the tribunal’s recent emphasis on the need for the parties in the election petitions to proceed with their cases without unnecessary delays. The panel has previously expressed concerns over delays affecting proceedings in the petitions arising from the Ekiti governorship election.
News
NECO 2026: Kano beats Lagos, Oyo, emerges best-performing state
Kano State has ranked first in the 2026 National Examination Council of Nigeria (NECO), with 74,413 candidates that obtained at least five credits, including English Language and Mathematics.
The result showed that Lagos emerged second with 72,496 candidates and Oyo came third with 55,543 candidates.
The performance marks the second consecutive year that Kano has topped the NECO national performance chart, after recording the highest number of candidates with five credits, including English and Mathematics in the 2025 examination.
Reacting to the development, Gov. Abba Yusuf, in a statement by his spokesperson, Mr Sanusi Bature, commended the students, teachers, parents and other stakeholders for the outstanding performance.
Yusuf said the back-to-back performance was an indication that the state’s sustained investment in education was producing measurable results.
“Kano has maintained the first position in NECO twice in a row making the state as the leading SSCE performer for the two consecutive years, (2025 and 2026) respectively,” he said.
He assured the people of Kano that his administration would continue to prioritise education through increased funding, improved learning facilities, teacher recruitment and training, scholarships and support for indigent students.
As part of the interventions, he said, the state government spent over N4.4 billion in 2026 to sponsor candidates for Senior Secondary School Certificate Examination, particularly indigent students.
The governor said the intervention was designed to remove financial barriers and enable students to participate in the examinations under better conditions.
He said the latest NECO result was a continuation of the improvement recorded by Kano students under the present administration.
“Education has consistently received the largest share of Kano State’s budget under Governor Yusuf; overshooting the UNESCO benchmark.”
“In 2024, education accounted for about 29.95 per cent of the state budget. The allocation increased to N168.35 billion, representing 31 per cent, in the 2025 budget.
“For 2026, the state allocated N405.35 billion to education, representing about 30 per cent of the N1,478, 829, 666, 130. 71 trillion budget,” he said.
The governor said the investment goes beyond examination sponsorship to include classroom renovation, teacher recruitment, learning materials, uniforms, scholarships and other interventions aimed at improving the quality of education.
The administration’s education policies have also attracted recognition at national and international levels, with Kano fast becoming a leading education reform hub in sub-Saharan Africa.
In 2024, Yusuf received the Leadership Newspaper Governor of the Year Award for Education, while New Telegraph recognised him for educational development Governor of the year.
The Nigeria Union of Teachers also named the governor its Teachers’ Friendly Governor of the Year for 2024.
“In 2025, Blueprint Newspaper recognised Governor Yusuf as Governor of the Year for Education at the paper’s national conference in Abuja. While This Nigeria newspaper awarded him as courageous Governor of the year 2024.
“The administration also received education-related recognition at International space in London and Paris 2026, for its commitment to education with international literacy and learning award and the education spending award by the Universal Learning Solution and City University, Paris respectively,” he said.
He said the objective was to build an education system capable of providing Kano’s young people with the knowledge and skills required for higher education, employment, innovation and leadership as Kano has recorded over five million school children in the last annual school census.
(NAN)
News
IGSOSA Restructures, Names Zonal Coordinators, Moves to Strengthen Members’ Welfare
The Iluelogbo Grammar School Old Students Association (IGSOSA), Owhelogbo, has unveiled a series of measures aimed at strengthening its nationwide structure, improving members’ welfare and accelerating the development of the alma mater.
The decisions were contained in a communiqué issued at the end of the Association’s Annual General Meeting (AGM), held in Owhelogbo, where old students from various sets and branches participated in deliberations on the growth of the association and the development of Iluelogbo Grammar School.
A major outcome of the meeting was the appointment of five Zonal Coordinators to improve grassroots mobilisation and deepen participation among members across the country.
The newly appointed coordinators are Dr. Israel Adaigho for Asaba Zone; Barr. Faith Enajedu for Port Harcourt/Akwa Ibom/Abia Zone; Mr. Ben Akelemo for Lagos Zone; Dr. Fortune Erume for Warri Zone; and Mr. Simon Enajedu for Abuja Zone.
According to the communiqué, the coordinators are expected to mobilise old students within their respective zones and serve as a link between the zones and the National Executive of the association.
The AGM also approved the establishment of a Welfare/Benevolent Trust Fund Committee to coordinate welfare-related matters affecting members.
The committee is chaired by Dr. Tony Alabi, with Mr. Patrick Nebe, Mr. Nathais Otobo, Barr. Ovah Frederick, Dcns. Vivian Okpobrisi, Mrs. Flora Utunedi-Whiskey and Chief Jonathan Orife as members.
Engr. Lawrence Enna was appointed Secretary of the committee.
In another major resolution, the AGM proposed an amendment to the association’s constitution to accommodate three additional positions — Legal Adviser, Internal Auditor and Board of Trustees (BOT).
The proposed constitutional amendment is to be posted on the association’s general online platform for members to consider and vote on within one week from the date of the communiqué.
The association said the measures were part of its broader effort to strengthen its administrative structure, promote members’ welfare and ensure greater participation in the affairs of the old students’ body.
IGSOSA expressed appreciation to members for their continued support and called on old students who are yet to join the association to connect with the appropriate Zonal Coordinators.
The communiqué was signed by the National President of the Iluelogbo Grammar School Old Students Association, Owhelogbo.
Ven. Moses Edeki
Secretary General.
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