Court Adjourns Yahaya Bello’s Arraignment to January 2025

Alex Enumah in Abuja 

The arraignment of former Kogi State Governor, Mr Yahaya Bello, over allegations bordering on money laundering has been adjourned till January 21, 2025.

Besides the possible arraignment, the court will also deliver its ruling in a motion by the Economic and Financial Crimes Commission (EFCC), praying it to enter a “not guilty” plea on behalf of Bello who was absent in court.

At the last sitting on September 25, the former governor through his lawyer, Mr Michael Adoyi, had prayed the court to defer further proceedings in the matter pending the decision of the Supreme Court in his appeal against his arraignment.

The request was opposed by EFCC’s lawyer, Mr Kemi Pinheiro (SAN), prompting the court to adjourn to October 30, for ruling and possible arraignment.

When the matter came up on Wednesday, Pinheiro, who informed the court that he has two witnesses already in court, urged the judge to formally enter a plea of not guilty on behalf of the defendant, even in his absence.

“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, not withstanding his physical absence, it is in full compliance with Section 276 of ACJA.

“Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.

The senior lawyer argued that the right to plead guilty or not guilty is a right that can be waved by the defendant, adding that the judge should hold that the defendant has waved that right.

Responding, Adoyi vehemently opposed the request on grounds that it ran contrary to a subsisting order of the court.

“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.

“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.

Adoyi argued that the court, in a criminal trial, is distinct from the prosecution.

Citing Supreme Court verdicts on similar matters, he said: “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court… Civil proceeding is different from criminal proceeding,” he noted.

Adoyi further argued that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant”.

He accordingly urged the court to refuse the application.

Pinheiro however urged the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the defendant. 

Responding, Justice Nwite announced that the matter has been adjourned to January 21, for ruling on the application by the EFCC and/or arraignment.