Kemi Pinheiro, the EFCC’s counsel, informed the court during the Wednesday hearing that he already had two witnesses present.
Claims Of Fraud: Court Postpones Action Against Former Kogi Governor Bello Until January 21
The hearing in the alleged money laundering case filed by the Economic and Financial Crimes Commission (EFCC) against Yahaya Bello, the immediate former governor of Kogi State, has been postponed until January 21, 2025 by Justice Emeka Nwite of the Federal High Court Abuja.
Kemi Pinheiro, the EFCC’s counsel, informed the court during the Wednesday hearing that he already had two witnesses present.He claimed that his initial application was to formally request that the court enter Bello’s not guilty plea even though he was not present because it complied fully with section 276 of the Administration of Criminal Justice.Bello has the option to enter a guilty or not-guilty plea, which the defendant may choose to forego, according to the EFCC Counsel.He pleaded with the judge to rule that the defendant had given up that right.
Pinheiro went on to say that the court’s entry of a not guilty plea was an invitation for the prosecution to come and establish the truth of the accusations.
However, Bello’s attorney, Michael Adoyi, objected, claiming that the EFCC’s application was made against a judge’s existing order and that the court cannot consider an application until the defendant has been arraigned.
The prosecution has repeatedly said that the court cannot show that it is powerless. “If there is any helplessness in this proceeding, it is shown by the prosecution,” he said. “The court cannot show any helplessness in any proceeding.
In a criminal trial, Adoyi contended, the court is separate from the prosecution and has immunity.The application submitted this morning by the complainant’s learnt senior counsel is a risky invitation to this honourable court to assist the prosecution in carrying out its obligation of bringing the defendant before the court for arraignment and subsequent trial, he said, citing Supreme Court rulings on related issues.
He maintained that criminal and civil proceedings were not the same.The defence attorney pointed out that none of the ACJA, 2015 clauses he had mentioned could support the prosecution’s application because “those provisions do not excuse the need for physical presence of the defendant.”
“Given this, we implore my lord to deny the senior counsel’s application to the complainant,” he stated.However, the EFCC’s counsel instructed the court to reject Adoyi’s arguments and proceed with his decision to enter the defendant’s not guilty plea.
However, Justice Nwite stated that the decision might not be delivered this year.Pinheiro stated that the case would be for the defendant’s arraignment and/or ruling.The judge then postponed the decision on the EFCC’s application and/or arraignment until January 21, 2025.
Adedipe’s name was removed from the order to appear before the legal privilege disciplinary committee in a previous ruling by Justice Nwite that changed his previous order.In accordance with section 9 of the Federal High Court Act, Adedipe had applied to the court for a modification of the court’s order after withdrawing his appearance for Bello on June 28.
The court also made a decision on Bello’s application to halt proceedings because of a Supreme Court appeal that was still pending and a judicial abuse.The application was denied by Justice Nwite, who said that the court’s June 10th orders requiring Bello to appear in court still stand.
