Judge Compels Ex-Kogi Gov, Yahaya Bello, to Appear in Court

* Fixes June 13 for arraignment 

Alex Enumah in Abuja 

Justice Emeka Nwite of a Federal High Court in Abuja has held that the court will not take pending applications by a former Governor of Kogi State, Mr Yahaya Bello, until his orders for the applicant to appear before the court for arraignment are complied with.

Nwite, in a ruling delivered on Friday, reiterated that an applicant or defendant who wilfully disobeys the orders of a court of competent jurisdiction is not entitled to be heard by the court.

The judge, while remarking that even if his orders were issued in error, “the humble thing for him to do is to make himself available in court”.

The court had, in a ruling on April 23, ordered the service of the charge containing money laundering allegations against Bello, on his lawyer, Mr AbdulWahab Mohammed (SAN).

The judge predicated his decision on grounds that having appeared for Bello in the last proceedings, it is only proper that Mohammed receives the charge on behalf of the defendant.

Shortly after Mohammed accepted service, the Economic and Financial Crimes Commission’s (EFCC) lawyer, Dr Kemi Pinheiro (SAN), called for the arraignment of Bello, but was opposed by Bello’s lawyer who prayed the court to discountenance the request, adding that the arrest warrant must first be set aside before arraignment.

According to Bello’s lawyer, Mr Adeola Adedipe (SAN), when the court granted the exparte, the charge had not been served, adding that the court ought to, on its own, vacated the warrant order following the service.

Adedipe informed the court that his client was worried about fair hearing and trial, hence the need for the arrest order to be vacated.

Responding, Pinheiro citing Section 396 of the Administration of Criminal Justice Act (ACJA), 2015, insisted that the defendant cannot be heard until he has taken his plea in the charge.

After taking submissions from parties, Justice Nwite had fixed May 10 for ruling.

Delivering ruling on Friday, the court agreed with the EFCC that until Bello makes himself available in court for arraignment, the court cannot take his applications or even hear him.

Nwite, in the ruling, lamented that despite Bello’s awareness of the court’s orders made on April 17 and 18 and the service of the charge on April 23, the defendant blatantly refused to appear in court in the guise of pending applications, adding that the conduct of the defendant, “clearly shows his intention not to appear before the court”.

According to the judge, his orders for the arrest and arraignment of Bello subsists until it is set aside, pointing out that the defendant’s refusal to obey his orders are a deliberate ploy to truncate the trial.

The judge stated that Bello “cannot sit at the comfort of his house” while his lawyers are filing various applications to frustrate the trial.

Meanwhile, the judge berated the counsel representing Bello for allowing their client to take the court for granted and ordered that until Bello appears before the court, none of his applications can be taken.

Justice Nwite also refused an attempt by Bello’s lawyer to defer the arraignment of the defendant pending the outcome of an appeal at the Abuja division of the Court of Appeal.

Mohammed, who had alleged that Bello’s safety is a major concern, prayed for time to bring Bello to court, adding that “we don’t know where he is”.

EFCC’s lawyer, while assuring the court that nothing would happen to Bello, stated that the commission has never killed anyone and would not start with the former Kogi governor.

Following a pledge that he would do everything to bring Bello in court, Justice Nwite subsequently adjourned till June 13 for Bello’s arraignment.

The court had in a ruling on April 17, ordered the EFCC to arrest Bello and produce him in court on Thursday, April 18, for arraignment.

However, attempts to arrest Bello at his Abuja residence on April 17, was foiled by alleged a person with immunity.

Since then the whereabouts of Bello remains unclear.

Others to be arraigned alongside Bello, according to the 19-count criminal charge, are his nephew, Ali Bello, who is the Chief of Staff to incumbent Governor Usman Ododo, one Dauda Suleiman and Abdulsalam Hudu.

Specifically, the anti-graft agency is accusing the trio of laundering the total sum of N80,246,470,088.88, belonging to the state.

Part of the charge against the defendants read: 

“That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo), which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended”.

“That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3, 081, 804,654.00 (Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access Bank Plc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.”