A big drama in town came to the general public’s attention thanks to the encounter on a road called Benghazi in Abuja, Nigeria. In case you missed it, what happened on the road called Benghazi was the failed attempt by the operatives of the Economic and Financial Crimes Commission (EFCC) to take the former Governor of Kogi State, Yahaya Bello, away from his house into we guess custody. To do that, the operatives of the EFCC kitted in full military gear for the operations and laid siege to the home of the former governor. The reason they wanted to take him away was to answer questions on charges of corruption. The amount looted, we hear, is to the tune of 80 billion naira.

For many in the public, the first reaction, the instinctive reaction, was to chastise Yahaya Bello for refusing to go with the operatives of the EFCC when they came for him. Such thinking was that why should he, Yahaya Bello, feel that he is so above the law and not respect the call of the operatives of the EFCC?

To the naked eyes of many, the EFCC was, after all, the law and acting in the name of the law. Beyond instinct, it did not make sense for a former governor to refuse the invitation or be arrested by the EFCC; the history of Nigeria and chronicles of the EFCC abound with stories of governors, ministers, senators and other politicians and business people who have been “invited” or outrightly arrested by EFCC and then come back to continue with their lives.


Some are even in government, in positions of power in politics and some public office in one form or another. The standard practice is “invitation” or arrest, bail, and finding a way around in court. Why, then, should Akara turn bone when it became the turn of Brother Yahaya Bello?

The failed arrest on the road called Benghazi was not an isolated incident but rather the culmination of a series of events that had been unfolding for some time. However, these events largely went unnoticed by the public until this dramatic encounter. This raises the question: what other episodes have we, the public, missed?

The first episode that we missed was that the former governor had gone to the court of law to seek and indeed obtained an injunction that prohibits the EFCC (and presumably others) from arresting and harassing him. As an unrepentant advocate of the rule of law and common sense, I raised the question of why someone would go to court to say: “Please don’t let law enforcement officers arrest me or harass me”. “I don’t do that; who does that’, was my thinking—the answer I got made me appear naïve even to myself.

A very respected and senior jurist (he was a teacher of law when I was a student) made it clear to me by schooling me on the difference between a politically exposed person and the rest of us. It turned out that the law agrees that politically exposed people might have reasons to be victimised by competitors, disgruntled elements of society and enemies.

It turns out that the EFCC operatives went to the house of the former governor in violation of a court order. Whilst we, the people, did not know there was a court order, the men and women of the EFCC knew there was a court order restraining them from doing so, and yet they did so. The law is or should be our holiest book and altar in this land, “shall we continue in sin and that grace might abound? God forbid”.

Let us imagine that the EFCC boss of today is a righteous man with no blemish and full of good intentions who means well for the commonwealth and, therefore, moves for the greater good. Should we, thus, allow and then condone him when he operates outside the law? I think not. That will constitute or consolidate a terrible and dangerous precedent. What if after him comes another EFCC boss who is not so righteous and full of good intentions? What if the good man of today goes rouge or mad one day?

We, the people, especially those of us who believe in the supremacy of the law, must insist that everyone who acts in the name of the law must fully obey the law, every line, every comma of the law. It is only when those who act in the name of the law act in full respect of the law that the law can triumph; shortcuts or outright violations of the law debilitate the law. Any law agency or organ of the state that tries to make us believe that to uphold the law, one must violate the law is not acting diligently and efficiently, and that smacks of mischief or incompetence.

In the specific case of the trial of Brother Yahaya Bello, the diligent and efficient way to go is to go to the courts to seek and obtain a court order to challenge and overturn the injunction obtained by Yahaya Bello. There is no other way to put it; going to a place you have been asked not to go and to do what you have been asked not to do is wrong and debilitative of the law. In this case, the EFCC, by violating the court order, has given Yahaya Bello reasons to argue and present himself as a victim of persecution, not just a reckless or senseless fugitive.

It is worth mentioning here that the EFCC is an investigative agency, not a prosecuting organ; in court, lawyers (hired by the agency) prosecute cases against investigated people, and a judge will weigh all the charges brought against an investigated person, these will happen in a setting wherein both sides are given equal grounds to accuse and defend. Many might not know it, but one of the many things a judge will look at (and that defending lawyers certainly will bring up) is how compliant the investigators have been with the law in their operations.

The judge will carefully look at the process and operations to ensure that there is nothing personal and no trace of persecution on the way to delivering justice. Given what has happened and been said by the EFCC so far, how do you think the EFCC’s operations will look when the time for scrutiny comes up in court?

*Prof. Anthony Kila is an Institute Director at CIAPS

In response to recent allegations of misappropriation of public funds by the former governor of Kogi State, Yahaya Bello, his media office has released a statement "setting the records straight" regarding the upfront payment of school fees for his children.

During a press conference held on Tuesday, April 23rd, 2024, Mr. Olanipekun Olukoyede, a legal practitioner, made statements alleging that Bello withdrew cash from the Kogi State Government Account to pay school fees through Bureau De Change operators. These allegations were vehemently denied by the former governor's media office, labeling them as unbecoming conduct.

The media office in a statement signed by the head of the media team, Ohiare Michael, made several points to address the allegations.

The statement reads in full, "On Tuesday, 23rd April 2024, Mr. Olanipekun Olukoyede, in a conduct which we view as unbecoming of a Legal Practitioner, organised a press conference where he alleged (amongst other outrightly defamatory statements) that His Excellency, Alhaji Yahaya Bello, withdrew cash from the Kogi State Government Account, sent same to Bureau De Change Operators and then used same to pay the school fees of his children in advance.

"According to Olukoyede, the payment was made just about the time the former Governor was to leave office. Since the said press conference, receipts of payments of the said fees bearing the names of His Excellency's Children and those of other family members, who separately paid their fees, have been flying all over the internet.
"While we reserve our rights to seek redress against the said defamatory statements, permit us to briefly state the following for the purpose of setting the records straight:

"1. His Excellency, Yahaya Bello's children have attended the American International School, Abuja well before he became Governor and he has paid fees for his children as and when due and without fail.

"2. His Excellency, Alhaji Yahaya Bello did not pay the sum of USD720,000 as alleged by the EFCC Chairman or USD840,000 as is being bandied about on the internet.

"3. The payment of the fees was not effected at about the time his Excellency was to leave office as claimed by Mr. Olukoyede but same commenced in 2021.
"Alhaji Yahaya Bello DID NOT pay the fees of his Children with monies from the Coffers of the Kogi State Government.

"4. When the EFCC approached the American International School Abuja (AISA) to illegally recover funds legitimately paid by Alhaji Yahaya Bello and other family members, a member of the family challenged the EFCC's unlawful acts to recover funds legitimately paid. The FCT High Court, in Suit No. FCT/HC/2574/2023 between: Mr. Ali Bello v. The Incorporated Trustees of American International School, Abuja, held that AISA could not lawfully and unilaterally refund to a third party, including the EFCC, fees paid by the parties to the suit. The Court subsequently mandated AISA to continue to provide the services it had been paid with respect to the fees. Bello, has nothing to hide with regard to the payment of advance fees for his children. This unending harassment andpersecution, even while in office, were among key reasons he sought to enforce his fundamental human rights.

"5. Now, let it be known that, contrary to misleading narratives by the EFCC, all the documents published online i.e. receipts and letters, that the EFCC has released online, in furtherance of its unrelenting persecution of the former Governor, are documents filed by lawyers in the suit instituted on behalf of Alhaji Yahaya Bello and others who paid fees for their wards under the Advance Fee Payment Agreement with AISA. Those documents, having been filed by his lawyers, are thus public documents, which shows that his Excellency, Yahaya From the foregoing, it is clear that no money belonging to Alhaji Yahaya Bello or his family members with regard to school fees has been recovered by the EFCC.

"6. We state that the payment of these fees and the legitimacy thereof is the subject matter of Charge No. FHC/CR/573/2022, filed by the EFCC since 15th December 2022 at the Federal High Court, Abuja. The Charge is pending and the Court has yet to make any finding or convicted anyone in respect of the said sum.

"7. It is imperative to remind Mr. Olukoyede, who is a Lawyer, that once parties have submitted a dispute to the Court, they are to shun all actions and statements that may prejudice the hearing of the matter or the mind of the Court.

"8. Since the matter is sub judice, we say no more, we await the EFCC's proof of the allegations in Court, which is the
only venue where the proof of these allegations matter.

"9. We thank Nigerians who have recognised the obvious desperation of the EFCC boss to convict the former Governor by all means in the Court of public opinion rather than in the law court, as personal vendetta, with the connivance of like minds, and not a fight against corruption.

"10.We implore others who might have been misled by their shenanigans not to be fooled by mischievous narratives but to follow the case through until justice is served.

"11. Finally, our Principal, Yahaya Bello, doesn't visit law enforcement agencies "through the backdoor. He has insisted on following due process in line with the rule of law. No amount of blackmail will intimidate him. Thank you."

In an open letter addressed to President Bola Ahmed Tinubu, the North Central Progressive Voice, a Pan-Nigerian sociocultural group, expressed deep concern over recent actions taken by the Economic and Financial Crimes Commission (EFCC) against former Governor of Kogi, Yahaya Bello.

The letter, signed by the group’s convener, Comrade Umar Gambo highlights the need for President Tinubu to intervene and prevent further escalation of the situation, which they fear could bring the administration to public odium.

The group in Minna the Niger State Capital Saturday 27/4/2024 at the NUJ Press Center Minna addressed a World Press Conference and Took A solidarity walk along the streets Of Minna before Submitting the Copy of the Open Letter to Former Military President General Ibrahim Babangida for onward Communication to President Tinubu.

The letter, dated April 27th, 2024, begins with a respectful greeting to President Tinubu and outlines the organisation’s dedication to upholding the independence of the judiciary and civil society.

It recounts the events of April 17th, 2024, when the EFCC conducted a raid on Yahaya Bello’s home, allegedly in connection with charges of money laundering.

The group expresses concern over the EFCC’s actions and potential violations of constitutional principles and the rule of law.

Drawing attention to a court order issued by the Lokoja High Court on February 9th, 2024, which prohibited the EFCC from arresting or prosecuting Yahaya Bello, the letter highlights the EFCC’s subsequent appeal and the pending motion for a stay of execution.


The group criticizes the EFCC’s decision to secure a warrant for Bello’s arrest from another court while the appeal was still pending, emphasising the importance of due process and respect for judicial authority.

Although EFCC have written to the Appellate Court on Wednesday, April 27, seeking the withdrawal of the Appeal on the Restraining order Granted Alhaji Yahaya Bello earlier by the Kogi State High Court in Lokoja, the group is disappointed and embarrassed by the former’s action.

Legal expert Frank Tietie, speaking in an interview with Arise News, criticized the EFCC’s handling of the case, stating that the commission did not conduct itself properly and urging Bello to exhaust all available remedies.

In similar reaction, Bar. Daniel Bwalla criticised the actions of the EFCC especially the press conference by the EFCC Boss which he described as a Media trial or subjudice.

Several legal experts have also condemned EFCC’s actions, stressing the importance of obeying court orders.

The letter calls upon President Tinubu to use his experience in navigating political challenges to address the EFCC’s unjust attempt to arrest Bello in defiance of a standing court order.

It urges President Tinubu to hold the EFCC accountable for its actions and prevent further violations of Bello’s civil rights, emphasising the importance of upholding due process even for law enforcement agencies.

In conclusion, the North Central Progressive Voice expresses gratitude to President Tinubu for his prompt attention to the matter and assures him of their utmost regards.

This open letter serves as a public appeal to President Tinubu to intervene and ensure that the EFCC respects the rule of law and upholds due process in its actions against former Governor Yahaya Bello.

Professor Nwoke Friday Chijioke, the former Vice President of the ECOWAS Court of Justice, has spoken out against the press conference conducted by the Chairman of the Economic and Financial Crimes Commission (EFCC), particularly in relation to its discussion of Yahaya Bello, the former Governor of Kogi State.

Speaking on Politics Today, a programme on Channels Television, Prof. Chijioke criticized the EFCC's approach, denouncing it as an unfair trial and labelling it as a form of media trial.

He stressed the importance of discretion in such matters, emphasizing that institutions of justice, like the EFCC, should conduct investigations discreetly without involving the media.

His words: ''The EFCC chairman's press conference of yesterday was really uncalled for. That is unfair trial. All these challenges are because of what I would call a media trial.

''An institution of justice should be in a position, especially when you are the investigator, carry out a discrete investigation. You do not need to involve the media.

''For example, the EFCC's chairman interview yesterday was really, really uncalled for. It was uncalled for in the sense that you do not need to accord any privilege to Yahaya Bello.

''The law does not require the according or the giving of privileges to persons who are suspected of having committed an offense. That is one.

''Secondly, the law necessarily does not need, especially in situations of this nature. In corruption cases, you don't necessarily need to make an arrest. You don't need to bring into custody. Because more often than not, in corruption cases, they are determined by documentary evidence.

''If you make out a prima facie case and you have evidence to make out a prima facie case, why don't you file a case in court and serve the accused person? Why would you, in the first instance, perhaps advertise or publicize? Because that is, in the first instance, unfair hearing.''

In the unique nature of Nigerian politics, where transparency often seems like a distant dream, contrasting narratives emerge, painting a complex picture of governance. Nowhere is this complexity more evident than in the divergent paths of recognition taken by the World Bank and that of the Economic and Financial Crimes Commission (EFCC) concerning former Kogi Governor Yahaya Bello’s administration.

On one hand, the World Bank had previously lauded Bello’s administration for its strides in fiscal transparency and revenue mobilization. The recognition bestowed upon his administration, in the form of multiple awards and accolades, speaks to a narrative of progress and accountability in a landscape often marred by corruption and opacity. Bello’s government, according to the World Bank, had demonstrated a commitment to openness and efficiency in managing public finances, a rare feat in Nigerian politics. For this, Governor Yahaya Bello had won most transparent state government award from the apex banking body, an award given to the Kogi state government under watch of Yahaya Bello from year to year.

However, juxtaposed against this commendation is the relentless pursuit of Bello by the EFCC, Nigeria’s anti-corruption agency. Despite the World Bank’s recognition of Bello’s administration as a paragon of transparency, the EFCC’s actions tell a different story. The agency’s attempts to arrest Bello over allegations of financial misconduct cast a shadow over the accolades bestowed upon his administration, underscoring the complexities and contradictions inherent in Nigerian politics.

The coexistence of these contrasting narratives highlights the murky waters of Nigerian governance, where perceptions of transparency and corruption often coalesce in unexpected ways. While the World Bank applauds Bello’s administration for its transparency efforts, the EFCC’s pursuit suggests a different reality—one fraught with allegations of malfeasance and impropriety.

The suspicion of political motivation behind the EFCC's actions gains traction when considering the agency's selective enforcement of restraining orders. Despite court injunctions prohibiting Bello's arrest, the EFCC's persistence in its pursuit raises red flags about ulterior motives. Moreover, the agency's failure to similarly pursue other officials facing similar legal constraints further fuels suspicions of bias and political interference.
In contrast, the World Bank's recognition of Bello's administration for transparency serves as a beacon of credibility amid the fog of political intrigue. The institution's impartial assessment underscores the significance of international validation in Nigeria's governance landscape. Unlike the EFCC, whose actions are subject to scrutiny and suspicion, the World Bank remains a respected authority, lending legitimacy to its assessments and commendations.

Ultimately, the tale of World Bank recognition versus EFCC pursuit serves as a sobering reminder of the intricacies of Nigerian politics and the challenges of effecting meaningful change in a landscape shaped by competing narratives and interests.

Hundreds of human rights activists, on Saturday, hit the streets of Lagos to condemn what they described as the Economic and Financial Crimes Commission’s antidemocratic approaches to issues of law enforcement as well as unjust application of state power by the Federal Government.

The Anti-Corruption Civil Society Organisations, numbering over 120, along with a huge crowd of members and supporters, stressed that the actions of the Federal Government in the ongoing face-off between the Economic and Financial Crimes Commission and former Governor of Kogi State, Yahaya Bello, which took an ugly dimension during the week, suggested that the bone of contention was beyond the EFCC exercising its constitutional responsibility.

According to them, from the facts and documents obtained on the matter, the EFCC never sent a letter of invitation to ex-Gov Bello.

The issue of evading arrest, they said, did not therefore exist.

“Someone who was never invited, who has a valid court order restraining his arrest and harassment, among other reliefs, until the determination of the court case, could not be said to be evading arrest. It is deliberate misinformation to turn the public against the Governor,” they said.

The anti-corruption activists and human rights crusaders, specifically condemned the military action threat by an EFCC lawyer, saying that, issuing “such a threat before a judge and inside a court was a violation of the sanctity of the courtroom.”

The Chairman of the Centre for Anti-Corruption and Open Leadership, CACOL, Debo Adeniran, who led other activists during the protest on Saturday, noted that the ongoing disregard for the rule of law was not only about Yahaya Bello.

“We don’t know who the next victim will be,” he said.

“If the FG continues in its iniquitous way of trampling on the rule of law by undermining our judicial system, we will mobilise a much larger number of Nigerians to join this pro-democracy struggle. It concerns all Nigerians because we don’t know who the next victim may be,” Adeniran said.

He called on the Federal Government to first obey all the court orders preceding their own actions in court and then go ahead to vacate them through due processes of law.

“There is no point in endangering anyone’s life unnecessarily because that’s the situation we believe that Yahaya Bello is in now. If the government doesn’t handle this matter carefully, it may shoot itself on the foot and put all Nigerians in collective injury,” the activists said.

The activists warned that Government should not instigate anarchy, insisting that democracy is governed by the rule of law and not the rule of force.

They pointed out that some of them had been in the trenches for over four decades without comprising their stand on justice.

“Thirty-one years ago when we organized to confront the military for the annulment of the June 12 election by General Ibrahim Babangida’s junta, it was for the cause of justice.

“Nobody paid us a dime to organize the anti-SAP protests of 1989 that nearly shut down the entire country.

“We have organised or participated in many altruistic struggles. In the course of these selfless struggles, many of us were jailed, many were maimed, a lot lost their lives on the battlefield of the fight for justice. But we have remained undettered till date. Ours is thankless sacrifice for humanity. But we are not complaining.

“We have been on the side of the EFCC in many cases without gratification or prompting. But on this case, we insist that the EFCC is disregarding the rule of law and creating room for anarchy. And this must not be allowed to stand,” they stated.

The anti-graft CSOs stated, “Our intervention today is to ensure that each side in the ongoing but avoidable tension between the Federal Government through the Economic and Financial Crimes Commission, EFCC, and the immediate former Governor of Kogi State gets the justice that is deserved – both the agency and the suspect.

“We feel that it was totally unnecessary to threaten military action in a civil case because it may escalate beyond proportions and cause devastating even if unintended consequences as being suggested by the EFCC through their lawyer.

“We are hearing now that some citizens of Kogi State are already saying that the FG would be held responsible if anything untoward happens to their former Governor.”

“If the FG insists on inviting the military to intervene in a civil case involving a citizen, it is better they return power to the military so that we know that we are back to ground zero. It is now very clear to all Nigerians that this Yahaya Bello’s saga is far from being about corruption. Come to think of it, how do you accuse a man of stealing an amount that the combined total of its IGR and Federal allocation for two years is not even up to? Why is the FG fishing for chicken inside a river? It doesn’t live there,” one of Nigeria’s lead activists, Gbenga Soloki, said.

“If anyone doubts our determination to continue fighting for justice on this matter, they should wake up and smell the coffee. We will not relent and neither will we retreat until justice is not only done but seen in this Yahaya Bello’s case. We won’t stop,” a spokesperson for the Coalition of Anti-Corruption Civil Society Organisations Olufemi Lawson, added.

The press conference was led by Comrades Debo Adeniran, Executive Chairman, Centre for Anti-Corruption and Open Leadership CACOL); Sina Loremikan, (Campaign Against Impunity); Declan Ihekhaire, (Activists for Good Governance); Gbenga Soloki, CADOV; Ochiaga Ohaneze, (Ohaneze Youth Council); Funmi Jolade, (Women Democratic Vanguard); Kola Abe, (Centre for Socioeconomic Rights); Ologun Ayodeji, (Transparency and Accountability Group); Femi Lawson, (Centre for Public Accountability) and Gbenga Ganzallo (Media Rights Campaign), among others.