Yahaya Bello: Northern Group Asks NJC to Probe, Punish Judge for Allegedly Aiding Corruption

• A northern political group, NEYGA, has urged the National Judicial Council (NJC) to investigate Justice Isah Abdullahi Jamil of Kogi high court for alleged abuse of powers
• NEYGA claimed that Justice Jamil’s orders restraining the EFCC from arresting former Kogi governor Yahaya Bello constitute an abuse of judicial process and powers
• The group insisted that the injunction granted by Justice Jamil disregards Supreme Court precedents and constitutional provisions, urging for disciplinary action to deter similar actions in the future

TheTalk.NG journalist Nurudeen Lawal has 8 years of experience covering political campaigns and elections

FCT, Abuja – Amid the corruption allegations against former Kogi state governor Yahaya Bello, a northern political group has asked the National Judicial Council (NJC) to probe Justice Isah Abdullahi Jamil of Kogi high court for alleged abuse of powers

In a statement released in Abuja on Saturday, April 27, the Northern Ethnic Youth Group Assembly (NEYGA) claimed the orders granted by Justice Jamil are not only illegal but constitute a gross abuse of judicial process and powers.

NEYGA has asked the NJC to probe Justice Isah Jamil of the Kogi high court for abuse of powers in the case involving ex-Gov Yahaya Bello.
Photo credit: Economic and Financial Crimes CommissionSource: Facebook

Amid the Economic and Financial Crimes Commission (EFCC)’s move to arrest Bello, Justice Jamil gave a ruling which restrained the anti-graft agency from arresting, detaining or prosecuting the former Kogi governor.

The high court judge stated that infringing on the fundamental human rights of the former Kogi helmsman is null and void except as authorised by the court.

Yahaya Bello: NEYGA rejects Kogi high court ruling

Speaking on the development, the spokesperson of NEYGA, Alhaji Dan-Musa, said the injunction granted by Justice Jamil “is a daring slap on the face of the Supreme Court, the constitution and the Judiciary.”

Dan-Musa said the NJC should probe and punish the NJC to deter others from following the same steps.

The statement by NEYGA read in part:

“There are at least five (5) settled principles of law violated by the interim injunction:

“First, the High Court of Kogi State lacks the requisite jurisdiction to entertain any subject matter or question relating to:

“The administration, management or control of the Federal Government or any of its agencies, including the EFCC and ICPC;

“The operation and interpretation of the Constitution in so far as it affects the Federal Government or any of its agencies and

“Any action or proceeding for a declaration, order or injunction affecting the validity of any executive or administrative action or decision by the Federal Government or any of its agencies.

“By virtue of Section 251 (1) (p), (q) and (r) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the jurisdiction over the subject matter listed in the preceding paragraph is conferred EXCLUSIVELY on the Federal High Court. For ease of reference, the following cases are apt: NEPA v. Edegbero (2002) 18 NWLR (Pt. 798) 69; Benson Agbule v. Warri Refinery & Petrochemical Co. Ltd. (2013) 6 NWLR (Pt. 798) 78; Olutola v. University of Ilorin (2005) 3 MJSC 151 at Pp. 173-174; Inegbedion v. Selo-Ojemen & Anor (2013) All FWLR (Pt. 688) 907 at Pp. 922-923 and very recently, John Shoy International Limited v. Federal Housing Authority (Unreported Appeal No. SC. 98/2005) delivered July 2016 by the Supreme Court.

“It is beyond argument that the suit instituted by the wanted Yahaya Bello, who is on the run, and the orders made by Justice Isah Abdullahi Jamil clearly offends the provisions 251 (1) (p), (q) and (r) of the Constitution and the Supreme Court authorities cited supra. The subject matter in the case relates to the operation and interpretation of the Constitution as it affects the EFCC and ICPC (both of which are agencies of the Federal Government).

“The interim injunction affects the validity of the administrative actions of the anti-corruption agencies. The law is now firmly established that proceedings, no matter how well conducted and orders made by a court without jurisdiction are a nullity. The locus classicus on this is Madukolo v. Nkemdilim (1962) 2 SCNLR 341.

“On the power of Federal law enforcement agencies to investigate state government, this is an issue resolved by the Supreme Court in the case of Attorney General of Ondo State v. Attorney General of the Federation (2002) 9 NWLR (Pt.772) 2222. Relying on Sections 4 (4) and 15 (5) and items 60 (a) and 67 of the First Schedule to the Constitution and other enabling provisions, the Apex Court upheld, validated and sustained the ICPC and its establishment Act and dismissed the arguments canvassed by Ondo State. This decision was followed consistently in subsequent cases on the subject.

“The power to prosecute economic crimes is exclusive to the Federal Government. It is not shared with the States. See the Supreme Court decision in Nyame v. Federal Republic of Nigeria (2010) 11 NWLR (Pt. 1193) 344. In the Amadi v. Federal Republic of Nigeria (2008) 18 NWLR (Pt. 1119) 259 at 276, Muktar, JSC (as he then was) held that: ‘Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes’.

“In the light of the position of the law, as encapsulated above, it is most shocking, regrettable and embarrassing that Alhaji Yahaya Bello, who until January 27th, 2024, was the Chief Executive of Kogi State by virtue of Section 195 of the Constitution purported to set “a precedent” over an issue that the Supreme Court of Nigeria has settled.”

Meanwhile, TheTalk.NG notes that another court, the Federal High Court sitting in Abuja, had on the same that Just Jamil gave his ruling, granted the EFCC permission to arrest the ex-Kogi state governor.

Read more on Yahaya Bello and EFCC saga:

Kogi court: How Justice Jamil summoned EFCC chair

Apart from restraining the EFCC arresting Bello, Justice Jamil ordered the anti-graft agency’s chairman, Ola Olukoyede, to appear in court on May 13, 2024, for allegedly disobeying a court order.

The judge said the EFCC‘s move to arrest the former governor despite a subsisting court order “amounts to contempt.”

TheTalk.NG gathers that Justice Jamil’s order was based on a motion ex-parte filed by Bello through his lawyer, where he prayed the court for an order to issue and serve the EFCC chairman on why he (Bello) should not be arrested.

Source: TheTalk.NG