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The Economic and Financial Crimes Commission (EFCC) has asked Justice Emeka Nwite of the Federal High Court sitting in Maitama, Abuja, to proceed with the trial of a former governor of Kogi State, Yahaya Bello, in absentia, arguing that his non-appearance in court for arraignment should not be allowed to frustrate his trial.
The EFCC, through its lead counsel, Kemi Pinheiro, SAN, on Wednesday, also urged the court to enter a plea of “not guilty” on behalf of Bello.
Bello is facing a trial on 19-count charges bordering on money laundering to the tune of N80.2billion. The court had summoned him for arraignment six consecutive times.
EFCC spokesperson, Dele Oyewale, said in a statement on Wednesday that Pinheiro told the court that the former governor’s refusal to appear for his arraignment was malicious and that the court should not demonstrate helplessness by not trying him in absentia.
“A court can never demonstrate helplessness. That would be an indication of anarchy and society is based on the rule of law. The court demonstrating helplessness will negate the basis of the rule of law,” he said.
The EFCC’s counsel argued further that a defendant’s refusal to engage the court’s processes should not frustrate his trial, maintaining that justice is a three-way mechanism.
In response, counsel for the defendant, Michael Adoyi, opposed the prosecution’s motion, citing a previous court order requiring the defendant’s presence before any applications could be entertained.
He emphasised that the application was contrary to the court’s directive issued earlier.
Justice Nwite, after listening to both parties, noted that a ruling on the matter may not be possible within the current year due to court schedules.
He said, “It may not be possible to deliver this ruling this year.”
Pinheiro proposed that the matter be adjourned for ruling and arraignment, which Justice Nwite granted, adjourning the case until January 21, 2025.
