ABUJA, Nigeria — Presidential spokesperson Bayo Onanuga has clarified the complex legal situation surrounding former Kogi State Governor Yahaya Bello, who faces allegations of financial crimes totalling N80.2 billion.
Speaking on Inside Sources with Laolu Akande on Channels Television, Onanuga detailed why Nigeria’s security agencies, particularly the Economic and Financial Crimes Commission, EFCC, have struggled to arrest Bello, despite multiple attempts.
The EFCC issued a warrant for Bello’s arrest in April, citing evidence linking him to significant misappropriation of public funds during his tenure.
However, efforts to apprehend the former governor have been complicated by his successor, Governor Usman Ododo, who has reportedly allowed Bello to remain within the governor’s official residence.
Ododo, as the current governor, enjoys constitutional immunity from prosecution, and this immunity extends to his residence, shielding Bello from arrest.
According to Onanuga, the immunity granted to sitting governors under Nigeria’s constitution makes it legally challenging for federal law enforcement agencies to enter Governor Ododo’s residence, even with the intent of arresting a non-immunized individual like Bello.
“The EFCC is an agency of the Federal Government, and it wants to arrest Yahaya Bello,” Onanuga explained.
“But if he stays inside Governor Ododo’s house, the police cannot do anything because they would be violating the immunity that the man [Ododo] enjoys.”
Under Nigeria’s constitutional framework, governors and certain high-ranking officials are granted immunity from prosecution while in office.
This immunity, designed to allow uninterrupted governance, also extends to the governor’s residence, effectively creating a legal barrier for law enforcement agencies attempting to enter the premises without breaching Ododo’s immunity rights.
Onanuga compared the situation to instances of diplomatic immunity, specifically referencing the case of WikiLeaks founder Julian Assange, who evaded British authorities by seeking asylum in the Ecuadorian Embassy in London.
“Similar to how Assange was protected by Ecuador’s diplomatic immunity, Governor Ododo’s immunity prevents Nigerian security forces from forcibly entering his residence to arrest Bello,” Onanuga elaborated.
This parallel underscores the limitations faced by Nigerian security agencies, despite the gravity of the allegations against Bello.
A former senior EFCC official, speaking anonymously, suggested that this standoff represents a loophole within Nigeria’s legal system, where powerful individuals can evade justice by leveraging relationships with immunized officials.
“It’s a rare but problematic scenario,” the official noted. “The EFCC has the mandate to investigate and prosecute financial crimes, but the immunity of a governor creates a unique challenge in cases like this.”
