The former Governor of Kogi State, Alhaji Yahaya Bello, has expressed his readiness to appear before the Federal High Court in Abuja regarding the 19-count charge brought against him by the EFCC.
Despite his absence at the arraignment, Bello’s legal team represented him in court on Tuesday. Mr. Adeola Adedipe, SAN, a member of his legal team, stated, “The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head.”
Adedipe, SAN, argued for setting aside the exparte order of arrest, citing that it was issued before the charge was served on his client as required by law. He emphasized that the order for substituted service was only made at the resumed proceedings on Tuesday. Adedipe asserted, “A warrant of arrest should not be hanging on his neck when we leave this court.”
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Furthermore, Bello contended that the EFCC is an illegal organisation, citing constitutional provisions. His lawyer added, “This is a very serious matter that borders on the constitution and the tenets of federalism. It has to be resolved because as it stands, the EFCC is an illegal organization.”
In response, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to reject the application. He emphasised that the warrant of arrest should not be set aside until the defendant appears for trial.
Pinheiro argued, “The defendant cannot stay in hiding and be filing numerous applications. He cannot ask for the arrest order to be vacated until and when the defendant is present in court for his arraignment.”
Pinheiro further invoked section 396 of ACJA, 2015, stating that the court could not effectively assume jurisdiction until the defendant is arraigned. The EFCC proposed not executing the arrest warrant if Bello’s counsel undertakes to ensure his presence on the next adjourned date.
Pinheiro stated, “If he gives an undertaking that his client will be in court on the next date, I can assure him that the arrest warrant will not be executed.”
Additionally, EFCC clarified that the charge is against an individual accused of laundering public funds, not against a state or House of Assembly. The agency detailed the allegations, mentioning purchases of houses in Lagos and Maitama, as well as the transfer of funds abroad.