Editor
The Federal High Court in Abuja, on Friday, declined a request by the Economic and Financial Crimes Commission (EFCC) to arraign the immediate past Governor of Kogi State, Alhaji Yahaya Bello, in the absence of his legal counsel.
Bello was set to be arraigned before Justice Emeka Nwite on a 19-count charge of alleged involvement in an N80.2 billion fraud. However, when the case was called, none of the former governor’s lawyers were present in court.
The EFCC’s lead counsel, Kemi Pinheiro, SAN, urged the court to proceed with Bello’s arraignment, arguing that the physical presence of the defendant, not his counsel, was the legal requirement for arraignment under sections 271, 277, and 396 of the Administration of Criminal Justice Act, 2015. Bello, who was already in the dock, explained that he learned of the court proceeding at around 11 p.m. the previous day and suggested that his lawyers were likely unaware that the court had rescheduled the hearing, initially slated for January 21, 2025.
In a brief ruling, Justice Nwite declined to compel the defendant to take his plea in the absence of his legal team, emphasizing the importance of fair hearing. The judge noted that when the case last came up on October 30, Bello was absent, prompting the EFCC to request a trial in absentia. However, he also acknowledged that the defendant’s lawyers had not been informed about the rescheduled hearing.
Justice Nwite stated that although a bench warrant for Bello’s arrest had been issued earlier due to his failure to appear in court, enforcing the warrant could not override the principles of fair hearing. He added, “It would amount to a breach of fair hearing to arraign the defendant in the absence of his legal representatives. The interest of justice will be better served by notifying the defence counsel of the abridged timeline.”
The court ordered that hearing notices be served to Bello’s lawyers and adjourned further proceedings to December 13. Until then, Bello is to remain in EFCC custody.
Justice Nwite had issued a bench warrant for Bello’s arrest on April 17, following his repeated absence from court. Attempts by the EFCC to enforce the arrest at his Abuja residence were reportedly foiled by Kogi State Governor Ahmed Ododo, who allegedly aided Bello’s escape.
After months of evasion, Bello surrendered to the EFCC last Tuesday. He was subsequently arraigned before Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court, where he pleaded not guilty and was remanded in EFCC custody. On Friday, Bello was brought before the Federal High Court for the postponed arraignment.
Others to be arraigned alongside Bello include his nephew, Ali Bello, and two others, Dauda Suleiman and Abdulsalam Hudu. The EFCC accuses them of money laundering, breach of trust, and misappropriation of public funds.
