A FEDERAL High Court, Abuja, on Friday granted the application by the Economic and Financial Crimes Commission (EFCC) praying that the immediate past governor of Kogi State, Yahaya Bello, must appear in court for his trial.
Justice Emeka Nwite, in a ruling, held that the former governor ought to appear before the court before making any application. He insisted that even if the arrest warrant was illegally obtained, the defendant (Bello) must still show up in court.
The judge had, on April 23, 2024, fixed Friday, May 10, 2024 for the ruling on the former governor’s application to set aside the arrest warrant against him.
The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.
But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against Bello, arguing that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.
RELATED NEWS:
Come Out Of Hiding – Ortom Urges Yahaya Bello
Yahaya Bello: Court Orders EFCC Boss To Appear Over Alleged Contempt
Alleged Fraud: EFCC Declares Yahya Bello Wanted
Court Restrains EFCC From Arresting, Detaining Ex-Governor Yahya Bello
He further argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).
The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained being a criminal case.
He said that the anti-graft agency also made an application on April 18 after the warrant of arrest was issued to EFCC on April 17 and that the court granted it. The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.
He noted that the complainant made an application for substituted service on 18th April after the arrest warrant had been issued on 17th April. “The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued, adding that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.
He said for Bello to appear in court, he must have the notion that he would get justice. Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.
He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the federal government.
He, therefore, asked the judge to vacate the arrest warrant against the former governor, an application which Pinheiro vehemently opposed.
The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.
Delivering the ruling on Friday, the judge agreed with the argument of the EFCC. He said that the order of court subsisted until it is set aside, even if there is irregularity.
Justice Nwite held that Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.
“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court. Bello should come to court on his own not through EFCC for arraignment on the next adjourned date,” the judge declared.
Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9. He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to same matter.
The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.
ALSO READ: Foundation Condemns Violation of Press Freedom, Says Arrest, Detention Of Ojukwu Unjust
‘UP NEPA’, Advocacy Film On Nigeria’s Power Sector, Premieres In FCT
CDS: We Want More Retired Armed Forces Personnel In Government
UN General Assembly To Vote On Granting Palestine Increased Status
He said the appellate court had already fixed May 20 to hear the case and that it would be important that the Federal High Court, Abuja awaits the outcome before going further with the trial.
But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.
In a short ruling, Justice Nwite refused Mohammed’s application and held that the matter had generated controversy all over the world and was unnecessary.
Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.
Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge. “It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves,” Justice Nwite advised the defence.
“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed responded and assured that efforts would be made to contact the former governor to appear in court in the next adjourned date.
Justice Nwite consequently adjourned the matter until June 13 for Bello’s arraignment. (NAN)
