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As Trial of Ex-Kogi Gov Bello Begins…
After months of hide and seek game, former Kogi State Governor, Mr Yahaya Bello has finally turned himself in for trial over alleged corruption charges by the Economic and Financial Crimes Commission, writes Alex Enumah
Last Tuesday, news of the former Governor of Kogi State, Mr Yahaya Bello turning himself in, at the Abuja headquarters of the Economic and Financial Crimes Commission (EFCC), was received with some scepticism, although it was not the first time that the former governor would be doing so.
For over seven months, the anti-graft agency had made several efforts to get the former governor answer to corruption allegations against him. While Justice EmekaNwite of a Federal High Court in Abuja, had on April 17, 2024 issued a warrant of arrest against Bello, in respect of an N80 billion money laundering charge filed against him at the court, Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT) had on October 3, 2024 issued a Public Summons, ordering Bello to also appear before her court over a similar charge, but this time, to the tune of N110 billion.
Before he turned himself in on Tuesday, November 26, efforts by operatives of the agency to arrest him in April, at his Abuja residence were not successful. Surprisingly also, the anti-graft agency had refused to arrest him or detained Bello when he first honoured the invitation of the Commission on September 18.
The EFCC is accusing Bello alongside two other persons, of embezzling billions of funds belonging to the state, between May 2015 and May 2023, when Bello was governor. Before his arraignment on Wednesday before Justice Anenih and his subsequent “not guilty” plea, Bello had challenged his trial by the EFCC.
Recall that a High Court of Kogi State had earlier restrained the anti-graft agency from inviting, arresting, investigating and prosecution the former governor in respect of the funds belonging to the state. However, this order was set aside by the Court of Appeal, while the Supreme Court in a judgement dismissed the suit challenging the legality of the establishment Act of the EFCC.
The judgement which removed every encumbrance to Bello’s arraignment is said to be the major reason the former governor decided to face his trial. According to the spokesman of the EFCC, Mr Dele Oyewale, Bello was arrested in company of three of his lawyers shortly after he entered the premises of the anti-graft agency. Report has it that he drove himself to the EFCC’s headquarters, where he was interrogated and arraigned the following day before Justice Anenih of the FCT High Court on a 16-count charge bordering on criminal breach of trust, among others.
Bello, Umar ShuaibuOricha and Abdulsalami Hudu, in the charge marked: CR/7781/2024, were accused of spending over N110 billion of public funds to acquire several properties in Abuja and Dubai. The defendants, however, pleaded not guilty to all the charges following which their lawyers moved their respective applications for bail, which were at the same time objected to by the anti-graft agency. The EFCC’s lawyer, Mr Kemi Pinheiro, SAN, had based his objection on the fact that Bello is facing charges at the Federal High Court and has refused to appear there to take his plea.
But, Bello’s lawyer, Chief Joseph Daudu, SAN urged that, “the court should not use issues from another court to determine issues before the FCT High Court”. Besides, Daudu argued that, “when the jurisdiction of the court is challenged, the defendant need not to appear until the issues arising from the jurisdiction are resolved”.
However, Justice Anenih in a short ruling, held that her decision in the bail applications would be delivered on December 10 and directed that the three defendants should remain in the custody of the EFCC till then.
Capitalizing on the arrest of Bello, the EFCC on Friday, November 29, 2024 again took him for arraignment before Justice Nwite of the Federal High Court, who had earlier adjourned till January 21, 2024 following Bello’s absence for arraignment. Recall that Nwite had in April, 2024 ordered the EFCC to arrest Bello and produce him in court to respond to money laundering charge against him. But, Bello had continued to challenge the jurisdiction of the Federal High Court in Abuja, to try cases of alleged money laundering said to have been committed in Kogi State. Unfortunately, the arraignment could not proceed because of the absence of Bello’s lawyer in court.
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 that day. But, Pinheiro urged the court to proceed with the arraignment reminding that request had been made earlier for his arraignment even in his absence. “What the law requires is the presence of the defendant, not the presence of his lawyers,” he argued.
Responding, Justice Nwite observed that it will not be in the interest of justice to proceed with the arraignment and subsequently declined. “The matter came up on October 30, 2024. It was adjourned to January 21, 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.
“The prosecution should serve the defendant’s lawyer with the application for abridgment of time while we come back to take that.
“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.
Also, following request by Pinheiro, the court adjourned till December 13, 2024 and directed EFCC’s lawyer to apply for an abridgement of time and serve notice of same on Bello’s lawyer.
With the arraignment of Bello last week at the FCT High Court, trial is expected to commence in earnest. Recall that the EFCC had told both courts that it was prepared for full blown trial and had some of its witnesses in court.
On the other hand, Bello appeared to be unperturbed, exuding some measures of confidence, to the admiration of his teeming supporters, who had besieged the courtroom to solidarity with the governor. Most of his supporters were seeing him for the first time in months after he went into hiding when the EFCC attempted to arrest him last April. Following his surrender the previous day (Tuesday), the operatives of the EFCC, had brought him to court under a very tight security.
From the moment he stepped down from the EFCC’s vehicle, the defendant who was wearing a white kaftan dress and a spotted cap was beaming with smiles all the way into the courtroom. The former governor at a point stole the show, when he commandeered most of his supporters to decongest the court after compliant by the court. Recall that the judge had stood down the matter, threatening not to return until the court was decongested. Reacting, Bello who was already in the dock, stepped out shortly after the court rose and went straight to his supporters to appeal to them to exit the courtroom for trial to continue. Everyone he asked to step out did so without hesitation. Shortly after decorum was restored, Justice Anenih then resumed sitting for the continuation of the proceedings.
As events unfold in the coming days, one of the questions on the lips of many is whether the EFCC is in possession of strong evidence to nail the former governor or simply playing to the gallery.
Meanwhile, Nigerians are waiting eagerly for the outcome of the trial, starting with the ruling on bail while following each day’s proceedings with keen interest.
