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A Federal High Court sitting in Abuja has adjourned the alleged money laundering case against the immediate past Governor of Kogi State, Yahaya Bello, filed by the Economic and Financial Crimes Commission (EFCC), until January 21, 2025.
When the case was brought up for hearing on Wednesday, EFCC’s Counsel, Kemi Pinheiro, SAN, informed the court that the prosecution had two witnesses ready to testify in the case.
He stated, “My first application is to formally enter a plea of not guilty for the defendant, even in his absence. The second point is that, notwithstanding his physical absence, this action complies fully with Section 276 of the Administration of Criminal Justice Act (ACJA).”
“Based on that plea entry, my lord, I humbly request that we call the first witness,” he appealed to the court.
While justifying his application to enter a plea of not guilty on behalf of the Defendant, Pinheiro argued, “The right to plead guilty or not guilty is a right that the defendant can waive. My lord should consider that the defendant has waived that right.”
“What prejudice would the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he were present and pleaded not guilty, the situation would remain the same. Your lordship’s entry of a not-guilty plea is merely an invitation for the prosecution to prove the veracity of the allegations,” he added.
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Michael Adoyi, representing the Defendant, contested the prosecution’s submissions, arguing that the application was made in defiance of an existing order from Justice Emeka Nwite’s court.
“Our first point of response to the application made by the learned senior counsel for the complainant is that it contradicts this honourable court’s subsisting order, issued this morning, which specifies that no application can be entertained in the absence of the defendant’s arraignment.”
“The prosecution has repeatedly stated that the court cannot appear helpless. Indeed, if helplessness exists here, it is demonstrated by the prosecution,” he argued, emphasizing that the court, in a criminal trial, is distinct from the prosecution.=
Citing Supreme Court verdicts on similar issues, he stated, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court.
Civil proceedings differ from criminal proceedings,” he noted, asserting that the prosecution’s application cannot be grounded in any of the ACJA, 2015 provisions, as “those provisions do not excuse the need for the defendant’s physical presence.”
“In light of this, we urge my lord to deny the application made by the senior counsel for the complainant,” he requested.
The Prosecution Counsel, however, urged the court to dismiss Adoyi’s arguments and proceed with the ruling on entering a not-guilty plea for the Defendant.
Justice Nwite stated that delivering the ruling this year might be unlikely, explaining, “It may not be possible to deliver this ruling this year. As you know, I am only serving as the vacation judge.”
Pinheiro then proposed January 21, 2025, for ruling or arraignment, a suggestion the court accepted. The case was subsequently adjourned to January 21, 2025, for ruling on the EFCC’s application or arraignment of the former governor.
It is worth noting that during the last proceedings on September 25, the Counsel for the defendant, A.M. Adoyi, had informed the court that the issue of the defendant’s arraignment was pending appeal before the Supreme Court, under Appeal Numbers: “SC/CR/847/2024 and SC/CR/848/2024.”
He emphasized that awaiting the Supreme Court’s decision on the appeal would be most appropriate to prevent undermining the Supreme Court’s authority in this matter.
