4 hours ago
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The planned arraignment of the former Kogi State Governor, Yahaya Bello, at the Federal High Court in Abuja on Friday, was stalled after the court refused the request of the Economic and Financial Crimes Commission (EFCC), to arraign him in the absence of his lawyers.
The immediate past Kogi governor was scheduled to enter his plea on a fresh 19-count charge on his alleged complicity in an N80.2 billion fraud before trial Justice Emeka Nwite, but when the matter was called up for deliberation, none of Bello’s lawyers, was in court, which prompted Justice Nwite to stand it down.
EFCC’s counsel, Mr. Kemi Pinheiro (SAN), however, urged the court to allow the defendant who had already mounted the dock, to take his plea, relying on provisions of sections 271, 277 and 396 of the Administration of Criminal Justice Act, 2015.
Pinheiro argued that what the law required for the arraignment to take place, was the physical presence of the defendant and not his counsel.
In his defence, Bello told the court that he only got to know about the proceeding around 11pm on Thursday, stressing that his lawyers were not aware that the case which was originally adjourned till January 21, 2025, was later brought forward by the court.
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In his ruling, Justice Nwite rejected the EFFC appeal, stating that he was not willing to compel the defendant to enter his plea to the charge when his lawyers were not in court.
Justice Nwite noted that he had directed both the prosecution and defence lawyers to address the court on the application, after which he reserved ruling on the issue till next year, holding that from the statement of defendant, it was clear that his lawyers were not notified that the case would come up on Friday.
The judge emphasized that the bench warrant cannot be sacrificed on the alter of fair hearing as it would amount to a breach of fair hearing for the defendant to be docked in the absence of any lawyer representing him.
“It would have been different if the defendant had no lawyer representing him. It is therefore my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” Justice Nwite said while delivering his verdict.
He, therefore, ordered the service of hearing notice on Bello’s lawyers, and adjourned the matter till December 13 to enable the parties to address the court on whether the original date the case was adjourned to, should be abridged.
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