Alleged N80bn Fraud: Fed. High Court rejects EFCC’s request to arraign Yahaya Bello without his lawyer

The arraignment of the former governor of Kogi state Yahaya Bello at the federal high court Abuja has been stalled due to the absence of his lawyers from court.

The EFCC had brought the former governor for arraignment on a 19-count charge of money laundering to the tune of N80 billion.

The Federal High Court, Abuja, on Friday, adjourned sitting on the alleged N80bn fraud charge against the immediate past Governor of Kogi State, Yahaya Bello, to December 13, 2024 for the Motion for abridgment and possible arraignment.

Justice Emeka Nwite rejects EFCC’s request to arraign Yahaya Bello without his counsel in the interest of fair hearing, noting that the matter had been originally adjourned to January 21, 2025. The case was adjourned to December 13, 2024.

While delivering a short ruling, Justice Nwite said, “The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the Defendant, his Lawyers are not aware of today’s date. In the interest of fair hearing, I will not proceed for arraignment.

When the matter was called on Friday, the former Governor was asked why his lawyers were not in court. He said he was only informed of the sitting late Thursday night and so could not contact his lawyers to be at the court.

But EFCC Counsel, Kemi Pinheiro, SAN, insisted that the Defendant’s plea be taken.

“What the law requires is the presence of the Defendant, not the presence of his lawyers,” he argued. But the judge declined.

The Judge said, “The prosecution should serve the Defendant’s Lawyer with the application for abridgment of time while we come back to take that.

“This matter is peculiar. It is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel,” the Judge said.

The Court suggested December 13, 2024 for the Motion for abridgment.

However, the EFCC counsel applied that the date be for Motion and possible arraignment and that the Court should order that the defendant should remain in EFCC custody till the 13th of December when he is to appear before the Court.

The judge agreed and so ordered.

He directed that hearing notices be issued and served on the defendant’s counsel, while the Defendant should remain in the EFCC’s custody till December 13, 2024.

Recall that at the last hearing on October 30, Justice Nwite had adjourned arraignment to January 21, 2025. But the EFCC had applied for the abridgment of the adjourned date initially fixed for arraignment.

The Defendant’s lawyers were, however, not put on notice.

Meanwhile, former Kogi governor Bello who is already in EFCC custody over a fresh N110bn charge before Justice Maryann Anenih of the Federal Capital Territory High Court has his bail application adjourned to December 10 and is to remain in the Commission’s custody till that date.

This decision follows arguments for and against the bail request presented by Bello’s lawyer, Joseph Bodunde Dauda, SAN, and the prosecution’s counsel, Kemi Pinheiro, SAN.

Bello, who is the first defendant, alongside the two co-defendants, pleaded not guilty to the 16-count charges brought against them by the Economic and Financial Crimes Commission (EFCC). Following the plea, Bello’s counsel moved an application for bail, which was opposed by the EFCC on the grounds that it had expired in October. However, Bello’s lawyer clarified that the motion for bail was filed on November 22, and the court was only considering this recent application.

The EFCC had sought for the trial to begin immediately, but Bello’s legal team argued that they had been served the charge late on November 26, leaving insufficient time to prepare. In his submissions, Dauda emphasised that Bello was entitled to his liberty while preparing for trial and that his right to bail should not be compromised by matters from other courts.

Justice Anenih, after a brief recess, adjourned the ruling on the bail applications to December 10, ordering that the three defendants remain in EFCC custody in the meantime.