The show of shame in the ongoing legal scuffle between former Kogi state governor Mr. Yahaya Bello and the anti-graft agency, the Economic and Financial Crimes Commission (EFCC), has exposed further the confusion in the Nigerian judicial system, justifying the urgent need for reforms in the sector.

Prince Lateef Fagbemi, Attorney General and Minister for Justice has proposed a comprehensive review of reforms in the judicial sector and unveiled a policy document to that effect. There will be a summit later this month to undertake a review of the document. According to him: “This comprehensive policy document outlines a broad framework and initiatives in 17 thematic areas aimed at reforming the justice sector to enhance its effectiveness and accessibility to all Nigerians, ensuring that justice is not just a privilege for the few, but a right for all.

“The policy aims to address various challenges within the legal framework, seeking to promote social cohesion, bolster economic development, and foster good governance” he stressed.

Prince Fagbemi expressed the hope that the National Summit on Justice will usher in a new era of positive change and progress in the country’s justice sector, and ensure a fair, accessible, and efficient legal system that upholds the rule of law while safeguarding fundamental human rights.

The two-day National Summit on Justice holding from 24 to 25 April 2024 will be hosted by the Federal Ministry of Justice, alongside the Nigerian Bar Association (NBA) and the National Judicial Council (NJC). It is expected that this kind of confusion created by the judiciary will be addressed at the summit and emerge as part of the judicial administration policy to guide acts by the judicial officers.

Meanwhile, Mr Femi Falana (SAN), argued on Wednesday that the Nigerian constitution does not give the court the power to stop the arrest of a person who is under investigation.

Mr Falana made this remark after the police obstructed the siege laid on Yahaya Bello’s house by the anti-graft agency yesterday, based on a court order, thereby preventing the arrest of the former Kogi state governors, who is being investigated for misappropriation of N84 billion while he was still in office.

Yahaya Bello has been under the EFCC radar for an N84 billion fraud case while he was still in office as Kogi state governor, but for the immunity that protected him from being prosecuted, the anti-graft agency waited till he handed over power to his successor, Usman Ododo.

On Wednesday after receiving the warrant to arrest Mr Bello, EFCC agents went to his Abuja home to take him into custody. However, the Lokoja High Court issued another court order to halt the EFCC’s ongoing operations, stating that the operatives were violating the former governor’s fundamental human rights.

As a result, the former governor was allegedly whisked away from the anti-graft agency, which had barricaded the entire area, with the assistance of Kogi State’s incumbent governor, Ahmed Usman Ododo, who arrived at the scene around 2.30 pm with security details and mobilized people to thwart the arrest.

Reacting to the incident, Mr. Falana stated that the Nigerian constitution does not empower the court or the security operatives to prevent anyone who is being investigated from being arrested, and there is a reasonable conviction for such an investigation.

He further explained that, since Yahaya Bello no longer has the immunity he once had as governor, it is within the EFCC’s jurisdiction to arrest him to answer the allegations leveled against him.

The Nigerian Senior Advocate went on to say that the inspector general of police should hold the police and other security personnel accountable for their grave violations of the law, as they enabled the former governor’s escape.

“By Section 35(1) (c) of the Constitution, the police, anti-graft agencies, and other prosecutorial bodies cannot be prevented by a court of law from arresting a criminal suspect once there is reasonable suspicion that he or she has committed a criminal offence. The allegation made by Ex-Governor Yahaya Bello that the EFCC has disobeyed a court order by attempting to arrest him to answer the charge of N84 billion theft is legally untenable. As a former governor, Mr. Yahaya Bello has lost his immunity from arrest and prosecution. No court can confer a life immunity on a former governor in Nigeria;

“The Supreme Court had pointed out that the order of a High Court to the effect that a criminal suspect should not be arrested cannot bar a court of coordinate jurisdiction from trying him. In the case of Orji Kalu v Federal Republic of Nigeria (2016) 39 WRN 53, the Appellant challenged the EFCC for charging him before the Federal High Court despite the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty;

“In dismissing the appeal, the Supreme Court said that the “gagging order” should not be allowed to stand and that the suit of the Appellant at Abia State High Court and the general and ambiguous order made therein were intended to ‘muzzle’ or prevent the 1st Respondent from discharging its statutory function.”;

“Similarly, in Uwazuruike v AGF (2013) 10 NWLR (Pt. 1361) 105, (2013) LPELR-20392 (SC) the Supreme Court ruled that “The Orders of an Owerri Federal High Court made on the 18th of January 2005 restraining the named respondents from arresting Ralph Uwazuruike relates to the proceeding before the Owerri Federal High Court which was ongoing at the time the Orders were made ex-prate. The orders are in no way related, nor do they affect or stop a subsequent arraignment of Ralph Uwazuruike for treason, etc.”

Given the foregoing, the police officers who prevented the EFCC from arresting the suspect have committed a grave criminal offence. The Inspector-General of Police, Dr. Kayode Egbetokun should withdraw the said police officers from the private residence of Mr. Bello without any delay and have them charged for obstruction of justice”, he concluded