The Federal High Court in Abuja, on Friday, declined to permit the arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, by the Economic and Financial Crimes Commission in the absence of his lawyers.
Bello was scheduled to enter a plea on a 19-count concerning his alleged involvement in an N80.2 billion fraud.
When the case was called, none of Bello’s lawyers were present in court. Despite this, EFCC’s counsel, Kemi Pinheiro (SAN), urged the court to proceed with the arraignment, arguing that under sections 271, 277, and 396 of the Administration of Criminal Justice Act, 2015, the physical presence of the defendant was sufficient for arraignment, not the presence of counsel.
When questioned about his legal representation, Bello informed the court that he only learned of the proceedings at around 11 p.m. on Thursday and that his lawyers were likely unaware the case, initially adjourned to January 21, 2025, had been rescheduled.
In his ruling, Justice Emeka Nwite stated that he was unwilling to compel Bello to enter a plea in the absence of his lawyers. The judge acknowledged that at the last hearing on October 30, Bello’s absence had prompted the EFCC to apply for his trial in absentia. The court had directed both parties to address this application, with a ruling reserved for 2025.
Justice Nwite further noted that Bello’s lawyers were not notified about the change in the court schedule. While a bench warrant had been previously issued for Bello’s arrest to ensure his appearance in court, the judge emphasised that fair hearing principles must not be compromised. “It would amount to a breach of fair hearing for the defendant to be docked in the absence of any lawyer representing him,” Justice Nwite declared.
He continued, “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.”
The judge ordered a hearing notice to be served on Bello’s legal team and adjourned the matter to December 13, allowing both parties to address the court on whether the original adjournment date should be brought forward. Meanwhile, Bello was remanded in EFCC custody.
This development follows an April 17 warrant issued by Justice Nwite for Bello’s arrest after his repeated failure to appear in court. The EFCC’s attempt to execute the warrant at Bello’s residence in Abuja was reportedly thwarted by Kogi State Governor Ahmed Ododo, who allegedly facilitated Bello’s escape.
After months of evasion, Bello surrendered to the EFCC on Tuesday. He was arraigned before Justice Maryanne Anenih of the High Court of the Federal Capital Territory on Wednesday, where he pleaded not guilty and was remanded in EFCC custody.
Bello will face arraignment alongside his nephew, Ali Bello, and two others, Dauda Suleiman and Abdulsalam Hudu. The EFCC alleges the defendants engaged in money laundering, breach of trust, and misappropriation of public funds.
