The federal high court in Abuja declined the request of the Economic and Financial Crimes Commission (EFCC) to arraign Yahaya Bello despite the absence of his lawyers.
The anti-graft agency brought Bello, former governor of Kogi, to court on Friday over an alleged N80 billion fraud.
However, when the case was called, Emeka Nwite, the trial judge, asked Bello why his lawyers were not in court.
The ex-governor said he was only informed of the sitting late Thursday night and could not contact his lawyers to come with him.
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Kemi Pinheiro, counsel to the EFCC, insisted that the defendant’s plea be taken.
Pinheiro argued that the law requires the presence of the defendant for trial and not the lawyers.
Responding, the trial judge said the matter was initially adjourned to January 21, 2025 when it was heard on October 30, 2024.
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Nwike said Bello’s lawyers were not aware that the arraignment would take place today.
“From the statement of the defendant, his lawyers are not aware of today’s date. In the interest of fair hearing, I will not proceed for arraignment,” the judge said.
“The prosecution should serve the defendant’s lawyer with the application for abridgment of time while we come back to take that.
“This matter is peculiar. It is peculiar in the sense that we have already agreed on a date, which is in January.
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“It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.”
Nwite adjourned the case to December 13 for the possible arraignment of the ex-governor.
Pinheiro also asked the court to order that the defendant remain in the custody of the EFCC.
The judge granted the EFCC counsel’s request.
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FIRST ARRAIGNMENT
The anti-graft agency is currently pursuing two separate cases against Bello.
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The first is at the federal capital territory (FCT) high court while the second is at the federal high court in Abuja.
On Wednesday, the EFCC arraigned Bello at the FCT high court on a 16-count charge, bordering on alleged money laundering to the tune of N110 billion.
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The ex-governor pleaded not guilty to the charges.
Bello’s co-defendants — Umar Shoaib Oricha and Abdulsalami Hudu — also pleaded not guilty to the charges preferred against them.
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The court ordered that Bello and his defendants be remanded in EFCC custody.
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