The Federal High Court in Maitama, Abuja, reaffirmed its stance on the necessity of former Kogi State Governor, Mr Yahaya Adoza Bello’s physical appearance for arraignment in the alleged N80.2 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Emeka Nwite, presiding over the case, emphasized the need for Bello’s presence in court before entertaining any of his applications. This decision was reached following Bello’s failure to comply with the court’s directives, which led to the issuance of an arrest warrant against him.
Justice Nwite stated, “Yahaya Bello is acting in disobedience of the court. Anyone in contempt of the court is not entitled to be heard. The defendant should make himself available. He ought to make himself available in court. The defendant is taking this court for granted. The application of the defendant cannot be heard unless he is present in court,” He reiterated that Bello’s applications cannot be considered until he appears in court as required.
The defence counsel, Abdulwahab Mohammed, SAN, had filed applications seeking the revocation of the arrest warrant and clarification of the court’s jurisdiction in the trial. However, the prosecution counsel, Kemi Pinheiro, SAN, argued against entertaining the applications without Bello’s arraignment, deeming it improper in the administration of criminal justice.
In response to the defence’s request for a stay of proceedings pending the outcome of an appeal filed against the contempt proceedings initiated by Bello, the lead prosecution counsel, Rotimi Oyedepo, SAN, highlighted the provisions of the Administration of Criminal Justice Act, 2015, which disallow such stays.
Oyedepo said, “My Lord did not mince words in affirming the sanctity of the court and its hallowed temple. If anyone feels that because he has attained a certain level in society and begins to treat the court with contempt, that is a master key and floodgates to anarchy.
“I expected my learned counsel to tread the path of honour and clearly show that his client should not treat his Lordship and the court with disdain. His Lordship’s ruling clearly forbids entertaining applications from the defendant. My Lordship should not entertain the application until the defendant is here.
“A fugitive cannot be seeking redress in court. Section 40 of EFCC Act states that your Lordship shall not entertain any application for a stay of execution. Section 306 of ACJA also states that stay of proceedings shall not be entertained.”
After hearing their submissions, Justice Nwite, criticized the defence counsel for attempting to delay proceedings and urged them to ensure Bello’s appearance in court. “Bring him to court and I will entertain your applications,” he asserted.
The case, which involves charges of money laundering amounting to N80,246,470,089.88k, implicates Bello alongside his nephew Ali Bello, Dauda Suleiman, and Abdulsalam Hudu. The court adjourned the matter until June 13, 2024, for Bello’s arraignment, reinforcing the necessity for his compliance with the court’s directives.