A Senior Advocate of Nigeria, Adeola Adedipe, has submitted a request to the Federal High Court in Abuja on Thursday to withdraw his legal representation for Alhaji Yahaya Bello, the former Governor of Kogi State.
Bello is under scrutiny, facing a 19-count related to alleged money laundering, breach of trust, and misappropriation of approximately N80.2 billion in public funds.
The case saw a significant turn when Bello failed to appear in court for his scheduled arraignment. This absence prompted the Economic and Financial Crimes Commission to call for action against his lawyers, accusing them of not honoring their commitment to ensure Bello’s attendance. The lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, asserted that the lawyers’ conduct warranted punishment under Order 31(3) of the Rules of Professional Conduct for legal practitioners, which considers a failure to comply with a court undertaking as contempt and misconduct.
Pinhero stated, “My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says. We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.”
He further argued that even high-profile figures, such as a former Chief Justice of Nigeria or a former United States President, have faced legal consequences, emphasizing that Bello’s lawyers were obstructing justice by facilitating his absence. Pinhero added, “For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment.”
In response, Adedipe, SAN, contested the EFCC’s claims, denying any commitment to ensure Bello’s presence in court and distancing himself from the role of lead counsel. He asserted, “My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.”
Adedipe accused the EFCC of disrespecting the court by not executing an arrest warrant for Bello, pointing out that his team had informed the court of their lack of knowledge regarding Bello’s whereabouts. Consequently, Adedipe invoked section 349(8) of the Administration of Criminal Justice Act 2015 to withdraw his appearance for Bello.
The EFCC opposed Adedipe’s withdrawal, arguing that it was a tactic to avoid responsibility. The prosecution insisted, “My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court. I urge your lordship to invite him to the dock immediately.”
The presiding judge, Justice Emeka Nwite, has yet to make a ruling on the matter.