The arraignment of former Governor of Kogi State, Yahaya Bello, before Justice Emeka Nwite of the Federal High Court in Abuja, was on Friday, stalled.
Unlike in previous occasions when the proceedings could not go on because of Bello’s absence, in yesterday’s case it was the absence of Bello’s lawyer, who according to the former governor was not aware of the arraignment.
Recall that Justice Nwite had on October 30, adjourned till January next year for ruling in the application seeking Bello’s arraignment in absentia.
However, following the former governor’s arrest last Tuesday, and subsequent arraignment before a High Court of the Federal Capital Territory (FCT), the Economic and Financial Crimes Commission (EFCC) yesterday brought him to court for arraignment.
When the matter was called, Bello who was brought to the court by the EFCC informed the court that his lawyers were not aware that he was being taken to court yesterday.
But, counsel to the EFCC, Mr. Kemi Pinheiro, SAN, urged the court to proceed with the arraignment of Bello, reminding that request had been made earlier for his arraignment even in his absence.
Responding, Justice Nwite declined to arraign the former governor on the grounds that taking his plea in the absence of his lawyers would amount to breach of his fundamental rights to fair hearing.
According to the judge, fair hearing should not be sacrificed on the altar of bench warrant.
The judge subsequently directed EFCC’s lawyer to apply for an abridgement of time and serve notice of the same on Bello’s lawyer.
Following a request by Pinheiro, the court ordered that Bello remain in EFCC’s custody till December 13, when the application of abridgement of time for the arraignment of the former governor.
The EFCC had since April sought the arraignment of Bello on alleged money laundering to the tune of N80 billion and had also obtained a bench warrant for his arrest, following his refusal to present himself for trial.
Bello, had based his refusal to appear before the court on a judgement of a High Court of Kogi State which restrained the anti-graft agency from inviting, interrogating, prosecuting him in respect of the state’s funds when he was governor between 2015 and 2023.
Besides, he had challenged the powers of the EFCC to investigate and prosecute him over the expenditures of the state while he was governor.
While the Court of Appeal in a judgement vacated the order barring the EFCC from prosecuting him over the state’s funds, the Supreme Court in a recent judgement dismissed the suit by Kogi State and 15 others challenging the legality of the establishment Act of the EFCC and also affirmed the powers of the commission to investigate all tiers and officials of government in respect of financial crimes in the country.
The matter continues on December 13.
Alex Enumah
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