Human rights lawyer, Femi Falana (SAN) has described the ongoing attempts by former Kogi governor Yahaya Bello to evade arrest and prosecution by the Economic and Financial Crimes Commission (EFCC) as “legally untenable”.
He also faulted a court ruling stopping the EFCC from arresting and prosecuting the former Kogi governor.
“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.
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