Human rights attorney Femi Falana, SAN, has weighed in on the recent court decision preventing the Economic and Financial Crimes Commission (EFCC) from apprehending and prosecuting former Kogi Governor Yahaya Bello.
Expressing his discontent with the ruling, Falana highlighted the flawed legal grounds and its contradiction with established legal norms.
Citing Section 35(1)(c) of the Nigerian Constitution, Falana asserted that law enforcement agencies, including the police and anti-corruption bodies, possess the authority to arrest individuals suspected of criminal activities.
He emphasized that a High Court order should not obstruct another court of similar jurisdiction from proceeding with a trial, referencing a precedent set by the Supreme Court.
In his words; “By virtue of 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 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 in spite of the order of the High Court of Abia State restraining the anti-graft agency from violating his fundamental right to personal liberty.”