Arrest Yahaya Bello in 14 days or face lawsuit, CSO tells IGP

The Centre for Social and Economic Rights (CSER) has petitioned the Inspector General of Police (IGP) to effect the arrest of former Kogi State Governor, Yahaya Bello, who has been declared wanted by the authorities for corruption and abuse of office after shunning the anti-graft agency’s invitation.

In a release issued by its executive director, Nelson Ekujumi, the group also reminded the IGP that he is a member of the board of the Economic and Financial Crimes Commission (EFCC) and that by virtue of his membership, he is expected by law “to support the EFCC with its performance and also deploy human resources, officers as the need may arise.”

The group demanded the obligatory duty of the IGP, as enshrined in the Nigeria Police Establishment Act 2020, to arrest Bello and hand him over to the court or the EFCC for arraignment.

According to Ekujumi, if the IGP fails to comply with the request for Bello’s arrest within 14 days and to hand him over to either the court or the EFCC, they will be forced to apply for an Order of Mandamus to compel the IGP to perform his statutory obligations.

The “open letter” to the IGP, dated September 30, 2024, titled ‘Demand for the Arrest and Handing Over of the Former Governor of Kogi State, His Excellency, Alhaji Yahaya Bello’, was signed by Ekujumi.

The letter read in part: “With humility, we have the pleasure to introduce to you our organisation, the Centre for Social and Economic Rights (CSER), which is at the vanguard of advocating and promoting transparency and accountability in our country, Nigeria.

“Sir, we deem it fit and most appropriate at this point in time to request that you deploy the resources and expertise of your office to arrest and bring before a competent law court the immediate past Governor of Kogi State, His Excellency, Alhaji Yahaya Bello, or upon his arrest, hand him over to the Economic and Financial Crimes Commission (EFCC) for investigation and subsequent arraignment in the court of law.

“As you are aware, sir, upon the application to the High Court by the EFCC for the arrest of the former governor, the application was granted, and an order for his arrest was issued by the court. In this light, the EFCC, on Thursday, April 18, 2024, declared the former governor wanted, and a bench warrant for his arrest was issued.

“Furthermore, the Court of Appeal, in a unanimous judgement read by Justice Kenneth Amadi, in Appeal number: CA/ABJ/CV/536, held that the appellant (Yahaya Bello), having been aware of his charges in the media space and the same published by the respondent (the EFCC), but refused to appear to take his plea; the trial court was right in issuing his warrant of arrest.

“We are aware, and it is well known to the public, that all attempts by the EFCC and the court to make Bello face justice and answer the allegations against him have been repeatedly frustrated by your men (policemen), who continue to provide security for the former Governor, thereby preventing his arrest.

“It is trite, we specifically remind, re-emphasize, and refer you to the Nigeria Police Establishment Act, 2020, which provides as follows: ‘The objective of this Act is to provide for a more efficient and effective police service that is based on the principles of:
– accountability and transparency,
– protection of human rights and fundamental freedoms, and
– partnership with other security agencies.’

“SECTION 3(F) states that the police SHALL collaborate with other agencies to take necessary action and provide the required assistance.

“Sir, it is more embarrassing to us that you, being the Inspector General of Police, and the Director General of the Department of State Security Service (DSS), by law, actually sit on the board of the EFCC.

“The drafters of the EFCC Act knew what they were doing when they included you and the Director General of the DSS as members of the board of the EFCC. The reason for this cannot be farfetched, which is to support the EFCC with its performance and to deploy human resources, officers, as the need may arise.

“May we ask of what relevance, importance, and use is your membership on the EFCC Board if you cannot get the man already declared wanted by the court arrested? Worse still, your men have been seen in the full glare of the public not only providing security cover for Yahaya Bello but also actually preventing the EFCC from arresting him.

“Owing to the above and coupled with the fact that Yahaya Bello has failed and refused to voluntarily report to the nearest police station, to the EFCC, or to the court, this has caused Nigeria gross shame locally and internationally.

“We are, therefore, left with no other option than to demand your obligatory duty as enshrined in the Nigeria Police Establishment Act, 2020, and in line with your constitutional responsibility.

“We hereby give you a maximum of fourteen (14) days to arrest H.E. Yahaya Bello and hand him over to the EFCC or the court.

“Finally, should you fail to meet our request above, please take note that we will, without further communication with you, commence legal action against you by applying to the court for an Order of Mandamus to compel you to perform your statutory obligations by arresting and taking His Excellency Yahaya Bello to either the EFCC or the court of law.”