In a significant legal development, the Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Abuja to enter a plea of not guilty on behalf of Yahaya Bello, the immediate past governor of Kogi State, despite his absence from the court. The plea was discussed during a resumed hearing on Wednesday, sparking a robust debate over the implications of such a move.
EFCC Counsel Kemi Pinheiro (SAN) addressed Justice Emeka Nwite, stating, “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 is in full compliance with Section 276 of the ACJA.” This statement highlighted the commission’s belief that the absence of Bello should not hinder the court’s proceedings.
Pinheiro elaborated on the significance of entering a not guilty plea, arguing, “The right to plead guilty or not guilty is one that the defendant may waive. What prejudice will the defendant suffer if my lord enters a plea of not guilty in his absence?” He emphasized that the situation would remain unchanged whether or not Bello was present to enter the plea himself.
However, this position was met with opposition from Bello’s legal counsel, Michael Adoyi. He argued that the EFCC’s application contradicted an existing court order which had stated that no applications could be entertained in the absence of the defendant’s arraignment. Adoyi remarked, “Our first response to the application…is that it contradicts the existing order of this honourable court.”
Adoyi further contended that the prosecution’s actions were contrary to established legal protocols, stating, “The court is neither helpless in any proceeding nor, if any such helplessness exists, is it demonstrated by the court but by the prosecution.” He called attention to the independence of the court in criminal matters, asserting that it should not assist the prosecution in presenting the defendant for arraignment.
Citing precedents from the Supreme Court, Adoyi expressed concern over the implications of the EFCC’s application. He claimed it posed a “dangerous invitation” to the court to bypass necessary legal standards, particularly regarding the defendant’s physical presence. “These provisions do not negate the need for the physical presence of the defendant,” he stated, urging the court to dismiss the prosecution’s application.
In response to the arguments presented by Adoyi, Pinheiro requested that the court reject his opposition and proceed with a ruling on the matter. Justice Nwite, however, indicated that delivering a ruling might not be possible within the current year. “It may not be possible to deliver this ruling this year. I am here as a vacation judge,” he noted, prompting discussions on how to proceed.
Pinheiro suggested that the court adjourn to allow time for a ruling or to address the arraignment of Bello. Consequently, the judge announced that the court would reconvene on January 21, 2025, for further consideration of the EFCC’s application and the status of the arraignment.
This hearing follows a previous session on September 25, during which Adoyi informed the court that the issue of Bello’s arraignment was under appeal at the Supreme Court, with appeal numbers SC/CR/847/2024 and SC/CR/848/2024. He had urged the court to await the Supreme Court’s decision to avoid undermining its authority.
Bello is facing serious allegations, including a 19-count charge of money laundering and misappropriation of funds totaling N80.2 billion. Additionally, he faces an extra 16-count charge amounting to N110.4 billion before another judge, Maryann Anenih. The case has garnered significant public attention due to its implications for governance and accountability in Nigeria.
The unfolding legal battle raises critical questions about procedural fairness and the rights of defendants in criminal proceedings. As the court adjourns to January 2025, the legal landscape surrounding Bello’s charges remains uncertain, with both sides preparing for the next stages of this high-profile case.
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