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A Federal High Court in Abuja has adjourned proceedings in the money laundering case against former Kogi State Governor Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC), until January 21, 2025.
At Wednesday’s hearing, EFCC Counsel Kemi Pinheiro, SAN, informed Justice Emeka Nwite that he had two witnesses ready in court. He filed an application requesting the court to enter a plea of not guilty on behalf of the absent defendant.
“My first application is to formally enter a plea of not guilty for the defendant, even in his absence,” Pinheiro stated, citing Section 276 of the Administration of Criminal Justice Act (ACJA) as grounds for proceeding without the defendant’s physical presence.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence?”
Michael Adoyi, defense counsel, opposed the application, arguing that it was inconsistent with a standing court order requiring the defendant’s presence for any plea-related decisions.
“The application is made contrary to the subsisting order of this honorable court … that no application can be entertained in the absence of the arraignment of the defendant,” Adoyi said.
Adoyi emphasised that in criminal proceedings, the court operates independently of the prosecution.
“The application … is a dangerous invitation to this honorable court to aid the prosecution in presenting the defendant for arraignment and trial,” he added, arguing that ACJA provisions do not eliminate the requirement for the defendant’s physical presence.
Pinheiro urged the court to reject Adoyi’s objections, suggesting that the ruling on entering a not guilty plea should proceed.
However, Justice Nwite indicated that a ruling may not be possible before the year’s end, stating, “It may not be possible to deliver this ruling this year. You know I am just coming as vacation judge.”
The judge ultimately set the next hearing for January 21, 2025, for a ruling on the EFCC’s application and/or the defendant’s arraignment.
At a previous hearing in September, Adoyi had informed the court of an appeal pending before the Supreme Court concerning the arraignment process, urging the court to await the Supreme Court’s decision to avoid preempting its judgment.
