The former Governor of Kogi State, Yahaya Bello, has opposed the Economic and Financial Crimes Commission (EFCC) moves to arraign him in absentia in an alleged fraud case.
The EFCC’s application to arraign Bello in his absence was argued on Wednesday before Justice Emeka Nwite of the Federal High Court sitting in Abuja.
Bello and others were accused of conspiring in February 2016 to convert N80,246,470,088.88, allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.
The ex-governor has denied the allegation.
What Transpired in Court
Nairametrics reports that the fresh application followed over four proceedings in which the ex-governor was absent due to pending legal disputes raised by his legal team in higher courts.
On Wednesday, EFCC counsel Kemi Pinheiro, SAN, urged Justice Emeka Nwite to approve the arraignment of Bello in absentia, stating he had two witnesses for today’s proceedings, if the court grants his application.
“My first application is to formally enter a plea of not guilty on behalf of the defendant, even in his absence. The second point is, notwithstanding his physical absence, this is in full compliance with Section 276 of the Administration of Criminal Justice Act.
“Flowing from that entry, my lord, it is a humble request that we call the first witness,” he said.
Pinheiro urged the court to hold that the defendant has waived his right to insist that he cannot be arraigned in absentia.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he were in court and pleaded not guilty, the situation would still be the same. The entry of a plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he said.
Opposing the application, Michael Adoyi, counsel for Bello, disagreed with the EFCC’s line of argument.
He added that a subsisting order of the court had barred parties in the suit from making fresh applications.
“Our first point of response to the application made by the learned senior counsel for the complainant is that the application contravenes the subsisting order of this honorable court, made even this morning—that no application can be entertained by this court in the absence of the arraignment of the defendant,” he said.
Adoyi argued that the application by the EFCC is a “dangerous invitation” to the court to aid the prosecution in presenting Bello before the court for arraignment and subsequent trial.
“In view of this, we urge my lord to refuse the application made by the senior counsel for the complainant,” he said.
What the Judge Said
After hearing from both parties, Justice Nwite stated that a ruling on whether Bello should be arraigned in absentia will take place next year, noting that the court was still on duty during the previous vacation.
He subsequently adjourned the matter to January 21, 2025, for a ruling on the EFCC’s application and/or arraignment.
What You Should Know
Nairametrics reports that the EFCC and other security agencies have declared Bello wanted, citing their inability to track his whereabouts or arrest him.
- The EFCC later accused the Kogi State government of using its “immunity” to shield Bello.
- Meanwhile, the parties are before higher courts for redress regarding Bello’s arraignment.
- Despite this, the EFCC instituted another fraud case against Bello at the FCT High Court.
The matter is also pending.
