Court Declines Arraignment of Ex-Kogi Gov, Yahaya Bello, Over Lawyer’s Absence

Alex Enumah in Abuja

The arraignment of former Governor of Kogi State, Mr Yahaya Bello, before Justice Emeka Nwite of the Federal High Court in Abuja, was on Friday stalled.

The proceedings could not go on because of the absence of Bello’s lawyer, who according to the former governor, were not aware of the arraignment.

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) on Friday brought him to court for arraignment.

When the matter was called, the EFCC informed the court that his lawyers were not aware that he was being taken to court today.

But, the counsel to the EFCC, Mr Kemi Pinheiro (SAN), urged the court to proceed with the arraignment of Bello, reminding the court that a request had been made earlier for his arraignment.

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 same on Bello’s lawyer.

Following a request by Pinheiro, the court ordered that Bello remain in EFCC’s custody, till December 13, pending 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 earlier refusal to present himself for trial.

Bello had based his refusal to appear before the court on a judgment of a High Court of Kogi State, which restrained the anti-graft agency from inviting, interrogating or 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 expenditure of the state while he was governor.

While the Court of Appeal in a judgment vacated the order barring the EFCC from prosecuting him over the state’s funds, the Supreme Court in a recent judgment 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.