A Kogi State High Court sitting in Lokoja has ordered the Chairman of the Economic and Financial Crimes Commission, Ola Olukoyede, to appear in court on May 13, 2024, to show cause why an order of committal should not be made against him for allegedly disobeying court order.
Spokesman of the commission, Dele Oyewale, however said he had no comment on the development when LEADERSHIP Weekend reached out to him.
This is just as the former governor has denied paying his children’s school fees from the coffers of the Kogi State governmnet.
He also ruled out visiting law enforcement agencies „through the backdoor” and insisted instead on following due process in line with the rule of law.
The EFCC had on April 17, 2024 obtained an arrest warrant for Yahaya Bello from a Federal High Court in Abuja presided by Justice Emeka Nwite.
The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion.
The court document ordering the EFCC chairman to appear before it was dated April 25, 2024.
Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. That same act of the Respondent amounts to Contempt.
EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion.
Justice Jamil‘s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.
Having listened to the arguments of the Applicant‘s counsel, the submission and exhibits attached in the Written Address, Justice Jamil granted Yahaya Bello‘s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.
Delivering his order on the motion on April 25, 2024, Justice Jamil said, „The applicant‘s application before me is to the effect that the Respondent has carried out some acts upon which they have been restrained by this Court on the 9th of February, 2024, pending the determination of the substantive motion on Notice before this Court.
That the said act was carried out by the Respondent in violation of the order which was valid and subsisting when they carried out those acts. That same acts of the Respondent amounts to acts of contempt.
That the Respondent should be summoned to appear before this Court to answer to the contempt charge.
It‘s against the above facts that this Court hereby grants the prayers sought in line with the principle of Audi Ultra Patem“. To wit:
An order of this Honourable Court for the issuance of Form 49 Notice to show cause why order of committal should not be made against the Executive Chairman of the Respondent – Economic and Financial Crimes Commission (EFCC).
An order for service of Form 49-Notice to show why order of committal should not be made on the Executive Chairman of the Respondent – Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja.
This matter is adjourned to the 13th of May, 2024 for the Respondent‘s Chairman to appear before this Court in answer to form 49 ordered to be served on him.”
In a statement signed by Ohiare Michael, the former governoer’s media denied paying his children’s school fees from the state’s coffers.
The statement read said Olukoyede, alleged 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.
Ohiare Michael said, „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.“
Setting the records straight, Bello said his 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.
The former governor said he 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.
The payment of the fees, he said, was not effected at about the time he was to leave office as claimed by Mr. Olukoyede but same commenced in 2021 and that he did not pay the fees of his children with monies from the coffers of the Kogi State Government.
In the statement, Bello said, „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, according to Bello, subsequently mandated AISA to continue to provide the services it had been paid with respect to the fees.
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.
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 Bello, has nothing to hide with regard to the payment of advance fees for his children. This unending harassment and persecution, even while in office, were among key reasons he sought to enforce his fundamental human rights”, the statement read.
Bello further stated 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.