The Federal High Court sitting in Abuja has declined to allow the Economic and Financial Crimes Commission (EFCC) to arraign the immediate past Governor of Kogi State, Alhaji Yahaya Bello, in the absence of his lawyers.
Bello was scheduled to enter his plea before trial Justice Emeka Nwite on a 19-count charge bordering on his alleged complicity in an N80.2 billion fraud. However, when the matter was called up, none of the lawyers representing the former governor were present in court.
Despite the development, EFCC’s counsel, Mr. Kemi Pinheiro, SAN, urged the court to allow the defendant, who had already mounted the dock, to take his plea. Pinheiro argued that the law only requires the physical presence of the defendant, not his counsel, for the arraignment to take place.
However, Justice Nwite was not convinced by the prosecution’s argument. In his short ruling, he stated that he was not willing to compel the defendant to enter his plea to the charge when his lawyers are not in court.
The judge noted that the defendant’s lawyers were not notified that the case would come up on Friday, and that it would be a breach of fair hearing to proceed with the arraignment in their absence.
“It would have been different if the defendant had no lawyer representing him.
“It is therefore my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” Justice Nwite said.
Consequently, the judge ordered the service of hearing notice on Bello’s lawyers and deferred further proceedings in the matter till December 13. The court also ordered that the defendant should remain in the custody of the EFCC till the next adjourned date.
