Justice Emeka Nwite of the Federal High Court in Abuja has adjourned the alleged money laundering case against former Kogi State Governor Yahaya Bello, filed by the Economic and Financial Crimes Commission (EFCC), until January 21, 2025.
When the case came up for hearing on Wednesday, the prosecuting EFCC lawyer, Kemi Pinheiro (SAN), urged the court to proceed with the trial of Yahaya Bello in absentia , saying that two witnesses were ready to testify in the case.
He said, “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.”
Justifying his application to enter a plea of not guilty on behalf of Bello, Pinheiro further said, “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.
But Michael Adoyi, representing ex-Governor Bello , contested the prosecution’s submissions, arguing that the application was made in defiance of an existing order from the court 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.”
According to him, the court, in a criminal trial, is distinct from the prosecution.
Citing Supreme Court verdicts on similar issues, Adoyi said, “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 further argued 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.”
But Pinheiro urged the court to dismiss Adoyi’s arguments and proceed with the ruling on entering a not-guilty plea for Yahaya Bello.
In his pronouncement, Justice Nwite stated that delivering the ruling this year might be unlikely, saying that , “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 till January 21, 2025, for ruling on the EFCC’s application or arraignment of the former governor.
It is instructive to note that during the last proceedings on September 25, Adoyi had informed the court that there is pending appeal over Yahaya Bello’s arraignment before the Supreme Court, under Appeal Numbers: “SC/CR/847/2024 and SC/CR/848/2024.”
He further disclosed that awaiting the Supreme Court’s decision in the appeal would be most appropriate to prevent the foisting of fait accompli on the apex court in the case.
