A Federal High Court in Abuja has shifted the planned arraignment of the former governor of Kogi state, Yahaya Bello to 30 October.
Bello was to be arraigned on a charge, marked: FHC/ABJ/CR/98/2024, in which the Economic and Financial Crimes Commission (EFCC) accused Bello of, among others, laundering N80, 246,470,088.88 belonging to Kogi state.
At the mention of the case on Wednesday, Bello was absent.
His lawyer, A.M. Adoyi said the ex-governor was not in court because he has appealed the August 20 judgments of the Court of Appeal in Abuja, ordering him to submit to trial and has also applied that the warrant of arrest issued against him should be vacated.
Adoyi said: “The arraignment of the defendant in this court this morning is already the subject matter of appeals entered by the defendant at the Supreme Court. The appeals are numbered: SC/CR/847/2024 and SC/CR/848/2024.
“That being the case, we believe that the most appropriate thing to do is to await the decision of the Supreme Court in the aforesaid appeals, before taking any further steps as regards the arraignment so as not to foist a fait accompli on the Supreme Court.”
Prosecuting lawyer, Kemi Pinheiro (SAN) countered Adoyi’s submissions and argued that Bello, allegedly aided by his lawyers, was ridiculing the court.
Pinheiro argued that the two fresh motions filed by the defendant were unnecessary because they contained similar prayers as the notice of appeal pending before the Supreme Court.
He contended that the action by the defendant was intended to frustrate any progress in the case despite being aware that under the EFCC Act and the Administration of Criminal Justice Act (ACJA) stay of proceedings is prohibited in criminal cases.
He stated that contrary to the defendant’s claim that he presented himself to the EFCC, “there is nowhere this court or the Court of Appeal directed Yahaya Bello to present himself to EFCC car park for arraignment.
“Arraignment is not done at the EFCC car park. By their admission, in the affidavit of record, the defendant went to the EFCC car park, holding the hands of a person with immunity (the serving Governor of Kogi State), with the full complement of his security.
“By implication, if there was an attempt to extricate him from the person with immunity, there would have been anarchy.
“Also by their admission, the invitation by the EFCC later in the night of that day, for Yahaya Bello alone to come since the court order was directed solely at him, was resisted by him.
“We wrote a letter to the defendant’s lawyers, drawing their attention to the fact that arraignment is not done in EFCC car park and that in line with the Court of Appeal decisions, he should present himself for arraignment,” Pinheiro said.
Pinheiro urged the court to sanction the two lawyers who appeared for Bello on Wednesday for contempt of court by referring them to the Legal Practitioners Disciplinary Committee (LPDC) for misconduct.
He noted that every lawyer’s responsibility to the court overrides his responsibility to his client, faulting Adoyi’s claim that he did nothing wrong but was only acting in compliance with the law which allows him to represent and defend his client.
Pinheiro added that the prosecution was prepared to begin trial because “two of our witnesses are in court.
“On the next date if the defendant is not in court we will be willing to proceed with our case even in his absence.
“We are ready to go on and will be willing to address the court on the possibility of his being tried in absentia,” Pinheiro said.
Adoyi had argued that by Rule 14 & 24 of the Rule of Professional Conduct, he was under obligation to defend his client and accept any brief, adding: “I have not done anything before this court to undermine my lord’s (the judge’s) authority.”
After listening to arguments by lawyers on both sides, Justice Emeka Nwite expressed displeasure that no progress has been made in the case.
He noted the case was, on the last date, adjourned till September 25 for arraignment, “but we have now gone back to where we were before. I don’t know what this matter is turning into.”
Justice Nwite also heard an application filed by a former lawyer to Bello, Adeola Adedipe (SAN), who is one of the two senior lawyers earlier recommended to the LPDC by the court for alleged misconduct in relation to the case.
In the application moved by his lawyer, Abdul Mohammed (SAN) Adedipe is praying the court to remove his name from the list of those referred by the court to the LPDC since he has since withdrawn from the case.
Pinheiro said he was not objecting to the application by Adedipe.
The judge then proceeded to adjourn till October 30 to rule on all pending applications, arraignment, and trial.
