A Federal High Court sitting in Abuja has turned down the Economic and Financial Crimes Commission’s (EFCC) application to arraign former Kogi State Governor Yahaya Bello in the absence of his lawyers.
Justice Emeka Nwite while delivering a ruling on the oral application by the EFCC’s counsel, Kemi Pinheiro (SAN), on Friday, November 29, 2024, held that such request could not be granted in the interest of fair hearing.
Justice Nwite agreed with Pinheiro that though a bench warrant was issued against Bello, “fair hearing cannot be sacrificed on the altar of bench warrant”.
The judge held that it was not in doubt that the matter was adjourned until January 21, 2025, before the anti-graft agency brought a motion for the abridgement of time to arraign Bello.
When the matter was called on Friday, although the former governor was in court, he was not represented by any lawyer.
The judge then asked the EFCC’s counsel why Bello was not represented in court.
Pinheiro said Bello would be in a better position to answer the question.
However, when the ex-governor was asked why his lawyers were not in court, he said he was only informed of the sitting at about 11 p.m. on Thursday, adding that he could not contact his lawyers.
Pinheiro then made an application for Bello’s arraignment.
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Delivering the ruling, Justice Nwite rejected Pinheiro’s application.
The judge said: “I have listened to the submission of counsel to the prosecution and also heard from the defendant.
“It is not in dispute that on October 30, this matter came up. And it is not in dispute that the defendant was not in court.
“It is also not in dispute that the court ordered the parties to address the court on whether the defendant can be tried in absentia.
“And it is also not in dispute that the matter has been adjourned till 21st day of January 2024 or ruling.
“It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Therefore, I am of the view that the defendant’s counsel be put on notice.”
Justice Nwite, thereafter, adjourned the matter until December 13 for the hearing of the EFCC’s motion for the abridgement of time for Bello’s arraignment.
The judge, who ordered that the hearing notice be issued and be served on the defendant’s lawyers, directed that the former governor should remain in EFCC’s custody pending the adjourned date.
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