The Economic and Financial Crimes Commission, or EFCC, has come under fire from attorney and public affairs expert Daniel Bwala for its accusations made against former Kogi State governor Yahaya Bello.
Bwala, a candidate for president of the Peoples Democratic Party in the general elections of 2023, criticized the agency’s “trial by media” strategy.
Bwala & the EFCC chair’s Yahaya Bello
In response to the EFCC chairman Olanipekun Olukoyede’s recent press briefing, the attorney charged that the commission’s head was holding public talks that resembled courtroom trials in which media representatives serve as the judge and jury.
Bwala added, “What happened yesterday was like a prosecutor in court doing his opening address in the view of prosecuting,” during an appearance on Arise TV’s morning show today the issue. And yesterday, who was the judge? The journalists were the ones responsible.
Also Read: Ayedatiwa: Visits Akeredolu’S Family In Ibadan See Photos
Yahaya Bello is not need to present his own case in order to enjoy the same opportunity. Thus, it might be referred to as a full-scale media trial.
This is only one of the several reasons why people frequently wonder if the commission is indeed planning to bring charges or if it is merely providing a covert way for the defendant to escape punishment.
“Because this same issue has always been present in the EFCC’s prosecution strategy, which has resulted in a great deal of high-profile cases going too far.
For instance, if you conducted a forensic study of his remarks during yesterday’s news conference, a reasonable person in our society would conclude that was written with the intention of providing Yahaya Bello with a way out.
How come I said that? First off, there is no jury in Nigerian trials. A jury trial is not the same as a trial by the press. Two, he has surrendered to the court’s jurisdiction by filing a charge with the proof that he was given an order of substitution and that he served Yahaya Bello via his attorney. Was it really necessary to call a meeting and start debating the specifics of the charge?
Three, he made certain remarks yesterday that have stoked doubts and given Yahaya Bello more reason to assert that he won’t seek justice because he is being persecuted.
Alternatively, let I will tell you one or two things. He stated in the press yesterday that he respected and gave Yahaya Bello a special privilege. Bobrisky was not granted the same privilege. Other people were not granted the same privilege.
“The EFCC’s protocol is to write to you unless they alter it. Because it hinges on the requirement that the accused be asked for an investigation prior to the start of a trial, there will be documentation supporting your invitation.
As recently as yesterday, he even said that we may charge him without even getting his statement. This indicates that you’ve already completed the necessary tasks. So why is it that they insist on arresting him?
“And when that happens You let the press know that you said, “Okay, you come through the back. I’ll make sure you come to my office. The operators and investigators will then come to my office, and they will conduct an investigation.”
According to Bwala, Olukoyede’s remarks imply that the EFCC chairman has been violating the anti-graft commission’s protocols.
He charged that the chairman of the EFCC had created a story about the former governor Bello by utilizing the media rather than the legal system.
Instead of going to journalists, he questioned the EFCC further about when it would start criminal trials to get the defendant convicted.
You’re really trying to say a component of as chairman, you may disregard the rules and boundaries that you set, he stated. Do all of you Do those invited to that commission have the same benefits? Is the basic idea that no one is above the law and that all people are equal before it being applied now?
He then continued discussing the content of the charge sheet. What then was he genuinely attempting to accomplish? In order for the media to fabricate a story about the judge being bought off or the lack of support for the EFCC in the event that the charges are ultimately dropped, he wants to convict Yahaya Bello in front of the public.
“You cannot succeed in any country in the world by following that path.” There is only one way to challenge the energy. Regretfully, the EFCC decided to do it via the media as opposed to going to court.
Bwala urged the EFCC to follow Bello’s order, reiterating that it hasn’t been overturned by the court.
He stated, ” In accordance to the order, he wasn’t supposed to be detained or charged.
EFCC doesn’t think that order deserves to be experienced, he said. The EFCC contested the ruling. The court has not made a decision regarding that challenge.
“Now that you’re trying to arrest him before that’s been decided, could you please assist me in asking Nigerian Law School students what the legal interpretation of that would be?
“They also have another order to arrest him, but that order hasn’t been presented in court, where the case was deferred for counterarguments. a decision. What does that mean, exactly?
Thus, you have a coalition of judicial voices, and the courts that issued the different orders are courts of coordinate jurisdiction, meaning that the rulings of one order do not affect the outcome of the others. Therefore, we won’t even discuss how the federal supreme court handles this form of conflicting order administration.
Until they are revoked, all of these orders remain in effect. However, as you can see, they have all been eclipsed by the happenings since the matter was adjourned before this court to await a decision.
Bwala went on to accuse the EFCC of manipulating Nigerians’ emotions in the former governor Bello’s case.
He demanded anti-corruption reforms commission, pointing out that the actual prosecution is not the focus of the EFCC but rather media attention and drama.
Now, the court issued an order for substituted service through Yahaya Bello’s attorney, Adeola Adedipe S.A.N., yesterday,” he stated. Additionally, Adeola Adedipe S.A.N. was adamantly stating in court that there had been no invitation or order of arrest prior to the attack, invasion, and issuance of an arrest warrant for Yahaya Bello. And before his client could appear in court, he wanted that arrest warrant revoked.
What will you be watching next in this drama? should appear in court, not in the media, as this is the appropriate venue for the case to be heard. not in the press. What do you anticipate happening next?
The two things that need to be understood are that an arrest order has been challenged in court and has been postponed until a decision is made. After today, the EFCC is not expected to be pursuing Yahaya Bello in any capacity.
Even if he is ambling in front of their headquarters, they are not permitted to take him into custody because the case is now pending in court and has been postponed for a decision.
“Two, Yahaya Bello has requested that the warrant of arrest be revoked due to the fact that events have taken precedence over it now that I’ve been served. Also, on the next postponed date, it is only possible to ask the court to issue a bench warrant if I fail to appear.
However, now that I’ve been served, I have to read the charges in advance of my arraignment under the law. Arresting me would therefore be a violation of my right to prepare and appear for my defense.
Thus, the request that the arrest order be revoked has not been approved or denied because the matter has been postponed until a decision is made.
Students at law schools are taught that in cases when these two facts are known, the party in question must preserve the status quo while the court considers all applications and objections.
“If the court rules on that day that Since you are in front of me already, your plea to revoke this arrest order has been superseded by the event. Alright, that’s alright. There will inevitably be a request for a bench warrant to be issued since you have not appeared for your arrest if the court decides that since you are not before me on that particular day, this order to arrest will need to be prolonged, even if you throw away. You go to trial if the judge sets it aside.
It indicates that the coin’s worth is retained on both sides, regardless of which way it is flipped. If the coin is worth ten naira, it will always be worth ten naira regardless of its two sides. Ten kobo, that is. In the event that the coin’s worth drops from 10 to 5 Kobo, you can now start examining the unique qualities of its two sides.
Also Read: Emwanta Former Commissioner: Why Obaseki Picked Lp
This is where we now are, and I don’t want to discuss whether this application will be granted or denied because that is a decision best left to the court. However, we do know that in cases where parties have consented to the court’s jurisdiction, they are required to uphold the status quo while awaiting the court’s decision.
Therefore, if the EFCC keeps pursuing him, it will support the idea that the organization is more interested in drama and the media than than the real prosecution, as you’ve discovered that he has been served with your charge.
As the prosecution, what are you expected to do? The day following arraignment, you are expected to get ready and submit your open address or request a trial date. This is how things actually are.
“He shot himself with a variety of gunshots during the media interview he gave yesterday, making it very evident to the world that their ideals are being applied disproportionately.
“The first one, which I already told you about, is that you should enter my office through the back door and I’ll arrange for someone to interview you; nobody understands that. Additionally, the law is that no one is above the law and that everyone is equal before it.
You’ve seen how determinedly he needs to be taken into custody. People will now respond, “But there are other cases like this before you for which you have even given a preliminary report of indictment, but you haven’t arrested the person,” if you question them.
