Alleged N110.4bn Fraud: EFCC Fails To Arraign Yahaya Bello In Court
BY SEGUN ADEBAYO – The Economic and Financial Crimes Commission (EFCC) on Thursday failed to arraign the immediate past Governor of Kogi State, Yahaya Bello before a Federal High Court in Abuja over allegations of N110.4 billion Fraud
Reports indicated that the failed arraignment by the anti-graft agency was due to the absence of Bello’s legal team in the court.
The former Governor, currently in EFCC custody, was brought before Justice Emeka Nwite on charges of laundering N80.25 billion allegedly belonging to Kogi State in the case, marked FHC/ABJ/CR/98/2024, accusing him and others of financial misconduct.
When the case was mention, lawyer to the prosecution, Kemi Pinheiro (SAN) announced his appearance, but no lawyer entered appearance for the defendant.
This development prompted Justice Emeka Nwite to inquiry why the defendant had no legal representation and responding, Pinheiro said the defendant would be in better position to answer the question, following which the judge turned to Bello for an answer.
Responding to the Judge’s inquiry, the former governor said he was only informed on late Thursday, around 11pm, about his planned arraignment by the EFCC before the Federal High Court.
With Bello’s response, Pinheiro proceeded to apply orally for his arraignment, arguing that by the provision of the law, such proceedings could be aborted where the defendant was absent, not the defence lawyer.
Pinheiro relied on the authority of Joseph Vs. State, 2014 to argue that what the court requires for arraignment is the physical presence of the defendant and not the presence of his counsel.
The EFCC Counsel, who also cited sections 271 and 396 of Administration of Criminal Justice Act (ACJA), 2015, stated thus; “I respectfully apply that the charge be ready to this defendant and his plea be taken. Then this matter can be adjourned.”
However, ruling on the submission made by EFCC’s lawyer, Justice Nwite noted that Bello’ case was peculiar, in that the court had, at the last proceedings, adjourned till January for further hearing.
The judge said; “It would be a different thing if the defendant had no counsel,” in view of the fact that he was previously represented by lawyers.
Justice Nwite held that, in the interest of fair hearing, proceedings could not be conducted in the absence of Bello’s lawyers, as sought by the prosecution lawyer,
In rejecting Pinheiro’s application that the arraignment be conducted in the absence of the defence lawyers, the Court held that it was in the interest of justice to await the presence of Bello’s lawyers.
The judge further said; “I have listened to the submission of counsel to the prosecution and also heard from the defendant.
“It is not in dispute that on 30th of October, this matter came. It is also lol pl not in dispute that the defendant was not in court.
“It is also not in dispute that the court ordered parties to address the court on whether the defendant can be tried in absentia. And it is also not in dispute that the matter has been adjourned till 21st day of January, 2024 for ruling.”
Importantly, Justice Nwite said; “It will be unfair if the matter is taken without the defendant’s counsel. It would have been a different thing if the defendant had no counsel. Therefore, I am of the view that the defendant’s counsel be put on notice”.
He proceeded to adjourn till December 13 for the hearing of the motion by the EFCC for the abridgement of time for the defendant’s arraignment.
Ordering that hearing notice be issued and served on the defendant’s lawyers, Justice Nwite said Bello should be remanded in the EFCC’s custody until December 13.
With Court’s position reeled out to all the interested parties, the EFCC and other security personnel, who had earlier taken positions around the vicinity of the court, were consequently made to withdraw back to base around midday.
Forefront News notes that the case has so far suffered several adjournments following the continued absence of the ex-governor from making appearance in Court.
