A Nigerian court has rescheduled the Economic and Financial Crimes Commission’s (EFCC) case against Yahaya Bello for 2025, delaying legal proceedings against the Kogi State governor.
The Federal High Court in Abuja has postponed the proceedings for the money laundering case against Yahaya Bello, former Governor of Kogi State, until January 21, 2025.
The case was filed by the Economic and Financial Crimes Commission (EFCC), but following arguments from both the prosecution and defense teams on Wednesday, it was adjourned.
Justice Emeka Nwite, who is overseeing the case, rescheduled the hearing after receiving submissions from EFCC’s counsel Kemi Pinheiro, SAN, and Bello’s attorney Michael Adoyi.
At the hearing, Pinheiro notified the court that two witnesses were in attendance and requested permission to move forward despite the defendant’s absence. “My initial request is to enter a plea of not guilty for the defendant, even though he is absent,” Pinheiro stated, referencing adherence to Section 276 of the Administration of Criminal Justice Act (ACJA) 2015.
He emphasized that the trial would not be impacted by the defendant’s absence. “What harm will come to the defendant if a plea of not guilty is entered on his behalf? Regardless of whether he is present or absent, the same procedure remains: it’s up to the prosecution to prove their case beyond a reasonable doubt,” Pinheiro stated.
However, Michael Adoyi, representing the defendant, disagreed with Pinheiro’s statement.
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Adoyi contended that the prosecution’s request was submitted in violation of an existing order from the judge.
Our initial response to the application submitted by the distinguished senior counsel for the complainant is that it contradicts this honorable court’s existing order, issued just this morning. This order specifies that no applications may be considered by the court until after the defendant has been arraigned.
The prosecution has repeatedly emphasized that the court must not appear powerless.
“A court must not show any helplessness during proceedings; if there is indeed any helplessness in this case, it originates from the prosecution,” he stated.
Adoyi further contended that in a criminal trial, the court remains impartial and separate from the prosecution.
He referenced past Supreme Court rulings to support his argument.
He stated that the application submitted by the esteemed senior counsel for the complainant this morning constitutes a perilous request for this honorable court to assist in the prosecution’s responsibility of bringing forth the defendant for arraignment and subsequent trial.
He contended that civil proceedings differ from criminal proceedings, opposing the stance taken by the EFCC’s lawyer.
He stated that the prosecution’s application could not be based on any provisions from the ACJA, 2015 he had mentioned because “those provisions do not waive the requirement for the defendant’s physical presence.”
Adoyi then requested that the court reject Pinheiro’s oral application.
The prosecution counsel urged the court to disregard Adoyi’s arguments and proceed with ruling on a not guilty plea for the defendant.
Justice Nwite mentioned that the ruling might not be ready this year, given that he is just assuming duties as a vacation judge.
“So, what are we agreeing on now, learner silk?” he inquired.
Pinheiro stated that the case would be postponed for either a ruling or the arraignment of the defendant.
The judge subsequently postponed the case to January 21, 2025, for a decision on the EFCC’s application and/or arraignment.
At the previous hearing on September 25, Adoyi informed the court that an appeal concerning the defendant’s arraignment had been filed by the defendant at the Supreme Court with Appeal Numbers: “SC/CR/847/2024” and “SC/CR/848/2024.”
He stated that the best course of action would be to wait for the Supreme Court’s decision on the mentioned appeal before proceeding with any arraignment, in order not to undermine or interfere with the court’s authority.
