Justice Emeka Nwite of the Federal High Court in Abuja has adjourned the hearing of the alleged money laundering case against former Kogi State Governor Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC), to January 21, 2025.
During Wednesday’s session, EFCC counsel Kemi Pinheiro informed the court that two witnesses were present.
Pinheiro submitted a formal application requesting that the court enter a “not guilty” plea on Bello’s behalf, despite his absence, in accordance with Section 276 of the Administration of Criminal Justice Act.
He argued that Bello’s right to enter a plea could be waived by the defendant and urged the court to accept this waiver.
Pinheiro further emphasized that entering a plea of “not guilty” would allow the prosecution to proceed with proving the allegations.
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In response, Bello’s counsel, Michael Adoyi, objected, arguing that the EFCC’s application contradicted a standing order from the judge, which prevents the court from entertaining applications until the defendant is formally arraigned.
“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.
Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.
Citing Supreme Court verdicts on similar matters, he said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aid the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.”
The Defendant’s Counsel argued that civil proceedings differ from criminal proceedings.
He highlighted that the prosecution’s application could not be supported by any provisions in the ACJA, 2015, which he had referenced, noting, “Those provisions do not excuse the need for the defendant’s physical presence.”
“In light of this, we urge my lord to reject the application made by the complainant’s senior counsel,” he stated.
However, Counsel to the EFCC requested that the court dismiss Adoyi’s objections and proceed with the ruling to enter a plea of not guilty on behalf of the Defendant.
Justice Nwite noted that delivering the ruling this year might not be feasible.
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Pinheiro indicated that the matter would proceed for either ruling or arraignment of the defendant.
The Judge then adjourned the case to January 21, 2025, for a ruling on the EFCC’s application or arraignment.
Earlier, Justice Nwite had ruled to amend his previous order, removing Adedipe’s name from those ordered to appear before the legal privilege disciplinary committee.
Adedipe had previously submitted an application under Section 9 of the Federal High Court Act, seeking a modification of the court’s order, as he had withdrawn his representation for Bello on June 28.
The court also addressed Bello’s application to halt proceedings, citing a pending appeal at the Supreme Court as an abuse of judicial process.
Justice Nwite dismissed this application, affirming that the June 10 order requiring Bello’s appearance in court remains in effect.
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