Ex-governor Bello maintained that the EFCC is an illegal organization. According to him, the Federal Government did not consult the 36 States of the federation before it enacted the EFCC Act through the National Assembly.

He argued that section 12 of the 1999 Constitution, as amended, required the various Houses of Assembly of states to ratify the Act before it could become operative.

“This is a very serious matter that borders on the constitution and the tenets of federalism. It has to be resolved because as it stands, the EFCC is an illegal organization,” Bello’s lawyer added.

However, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, argued that in line with section 396 of ACJA, 2015, the court could not effectively assume jurisdiction to decide any application or objection in the matter, until the defendant is arraigned.

The anti-graft agency said it would not execute the arrest warrant if counsel to the defendant undertake to ensure his presence on the next adjourned date.

“If he gives an undertaking that his client will be in court on the next date, I can assure him that the arrest warrant will not be executed.

“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged,” EFCC’s lawyer, Pinheiro, SAN, added.

EFCC told the court that the Supreme Court had since settled the issue of its legality.

“The charge before this court is not against a state or House of Assembly, but against an individual who is said to have laundered public funds.

“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transfered funds to his accounts abroad,” EFCC added.

https://www.vanguardngr.com/2024/04/i-want-to-appear-in-court-but-im-afraid-of-arrest-yahaya-bello/


So lawyers in the House, what is this thing about the constitutionality of Efcc formation and Section 12 of 1999 constitution? Let's keep it straight and simple.....

Lol

Looks like the white lion is not ready to give in without a hot fight, and perhaps when you see someone dancing, observe closely those beating the drum are not far off!

For now, in a bid to booster and strengthen our democracy, rule of law and respect for individual Rights and privileges, the constitutionality of the Efcc ought to be examined and if found to be legal, a reform; one that takes away the right of the president to appoint anti-graft agency chair should be looked into too. This would make Efcc powerful and able to look into the presidency too!
Two key agencies should be taken from the presidency and handed over to the general public:

Anti corruption agency.
Central bank.

One dashes money at prompting from the presidency, while the other fights perceived enemies of the presidency!