The Federal High Court in Abuja on Friday, refused to allow the Economic and Financial Crimes Commission (EFCC) to arraign the former Governor of Kogi State, Alhaji Yahaya Bello, without his lawyers present. Bello was due to enter a plea before Justice Emeka Nwite on a 19-count charge related to his alleged involvement in an N80.2 billion fraud.
When the case was called, none of Bello’s legal team were present in court. Despite this, EFCC counsel Mr. Kemi Pinheiro, SAN, requested that the court proceed with the arraignment, arguing that the law only required the physical presence of the defendant, not his lawyers, for the arraignment to take place.
Bello, when asked why his lawyers were absent, explained that he had only been informed about the proceedings late on Thursday night, around 11 p.m. He suggested that his lawyers were likely unaware that the hearing, originally set for January 21, 2025, had been brought forward.
Justice Nwite ruled that he would not compel Bello to enter a plea without his lawyers present, citing the importance of fair hearing. He acknowledged that while the case had previously been adjourned to October 30, Bello was not in court, leading to the EFCC’s request to try him in absentia. However, the judge emphasized that the absence of counsel for the defendant could not be overlooked.
In his ruling, Justice Nwite stated that it would breach fair hearing principles to proceed with the arraignment without the defendant’s legal representation. He ordered that Bello’s lawyers be notified about the change in schedule and postponed the case until December 13, 2024, to allow the parties to address whether the original adjournment date should be shortened. The court also ordered that Bello remain in the custody of the EFCC until the next hearing.
This development follows a previous arrest warrant issued for Bello on April 17, 2024, after he repeatedly failed to appear for his arraignment. Efforts by the EFCC to arrest him were allegedly hindered by Kogi State’s current governor, Ahmed Ododo. After months of evasion, Bello surrendered to the EFCC last Tuesday and was subsequently arraigned in an FCT High Court. He was remanded in EFCC custody before being brought before the Federal High Court for the botched arraignment.
Bello, along with his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, faces charges of money laundering, breach of trust, and misappropriation of public funds.
