BREAKING: Court Rejects EFCC’s Request to Arraign Ex-Gov Yahaya Bello Without Lawyers
- The court on Friday, November 29, refused to allow the EFCC to arraign the former Kogi state Governor, Yahaya Bello, in the absence of his lawyers
- The former governor was dragged to court to answer to a 19-count charge involving an alleged N80.2 billion fraud but on Friday, the court emphasized that fair hearing principles should not be compromised
- Justice Emeka Nwite adjourned the case until December 13 to allow the defense team to address the court on whether the original trial date should be abridged
Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements.
The Federal High Court sitting in Abuja, on Friday, November 29, declined to allow the Economic and Financial Crimes Commission (EFCC), to arraign the immediate past Governor of Kogi state, Alhaji Yahaya Bello, in the absence of his lawyers.
Legit.ng had earlier reported that Bello was, on Thursday, November 27, detained at the holding facilities of the Economic and Financial Crimes Commission (EFCC) in Abuja.
Bello was declared wanted by the anti-graft agency over an alleged N110 billion fraud in April. He was finally apprehended after multiple failed attempts to bring him to trial.
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Bello was scheduled to enter his plea before trial Justice Emeka Nwite, on another 19-count charge that bordered on his alleged complicity in an N80.2billion fraud.
Bello vs EFCC: Court proceedings on Friday
When the matter was called up on Friday, none of the lawyers representing the former governor, was in court.
Notwithstanding the development, EFCC’s counsel, Mr. Kemi Pinheiro, SAN, urged the court to allow the defendant who had already mounted the dock, to take his plea.
Placing reliance on provisions of sections 271, 277 and 396 of the Administration of Criminal Justice Act, 2015, the prosecution lawyer argued that what the law required for the arraignment to take place, was the physical presence of the defendant and not his counsel.
Court queries EFCC over absence of Bello's lawyers
Bello told the court that he only got to know about the proceeding, around 11:00pm on Thursday, November 28.
He maintained that his lawyers were probably not aware that the case which was originally adjourned till January 21, 2025, was later brought forward by the court, Vanguard reported.
Consequently, in his short ruling, Justice Nwite said he was not willing to compel the defendant to enter his plea to the charge when his lawyers are not in court.
However, it stressed that the bench warrant cannot be sacrificed on the alter of fair hearing.
According to Justice Nwite, 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 added.
He, therefore, ordered the service of hearing notice on Bello’s lawyers, even as further proceedings in the matter was deferred till December 13 to enable the parties to address the court on whether the original date the case was adjourned to, should be abridged.
Read more about Yahaya Bello's case here:
- Again, EFCC to arraign Yahaya Bello, reason, other details emerge
- Yahaya Bello: Drama as judge walks out of court, details emerge
Verydarkman challenges EFCC
Earlier, Legit.ng reported that popular social media personality, Martins Vincent Otse, aka Verydarkman, reacted to Bello's arrest.
Verydarkman claimed that he heard that Bello bribed the EFCC chairman, Ola Olukoyede, with 10 billion naira to arrange the arrest.
The internet sensation however noted that the information came from an unreliable source and dared the commission to post a picture of the politician holding a placard.
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Source: Legit.ng