Court Adjourns Yahaya Bello’s Arraignment to Oct. 30, Heads to Supreme Court

Ogunsakin Mustapha
6 Min Read

TheGavel | Abuja, Sept. 25, 2024 –A Federal High Court in Abuja has adjourned the arraignment of former Kogi State Governor, Yahaya Bello, until October 30, 2024, following an appeal filed by the ex-governor at the Supreme Court. The appeal seeks to overturn an arrest warrant issued by the trial court earlier in the year. The decision to adjourn the case was made by Justice Emeka Nwite on Wednesday, as the court was informed about the ongoing appeal challenging the legality of the arrest warrant.

The News Agency of Nigeria (NAN) reports that the Economic and Financial Crimes Commission (EFCC) has filed a 19-count charge of money laundering against Yahaya Bello. These charges are part of a larger investigation into allegations of corruption and mismanagement of public funds during his tenure as governor of Kogi State.

During the court proceedings, Bello’s legal representative, A.M. Adoyi, brought to the attention of the court that the defendant had already filed an appeal at the Supreme Court, challenging the warrant for his arrest, and urged the court to hold off on the arraignment until the appeal is decided. He emphasized that proceeding with the arraignment could undermine the pending Supreme Court appeal.

“The appeal has already been entered with numbers SC/CR/847/2024 and SC/CR/848/2024. The most appropriate course of action is to await the decision of the Supreme Court before taking any further steps that could render the appeal ineffective,” Adoyi argued, stressing the need for patience until the higher court rules on the matter.

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However, Kemi Pinheiro, SAN, representing the EFCC, opposed this request, accusing the defense of stalling the legal process. Pinheiro argued that the appeal was merely a ploy to delay the trial, adding that Bello’s previous attempts to challenge the court’s jurisdiction and the mode of service of the charges had already been dismissed by the Court of Appeal. On August 28, 2024, the Court of Appeal ruled in favor of the EFCC, stating that the service was proper and that Bello must submit himself to the court for trial.

“The Court of Appeal ruled that the service was both lawful and adequate, and instructed Bello to present himself for trial. Instead, the defense has resorted to filing multiple motions to delay the proceedings, demonstrating a clear attempt to evade justice,” Pinheiro said. He further urged Justice Nwite to exercise the court’s authority and proceed with the trial, dismissing the defense’s request for further delay.

The EFCC’s counsel also pointed out that despite the dismissal of previous appeals, Bello had yet again filed another application with the Supreme Court, seeking to vacate the arrest warrant. He implored the court to move forward with the arraignment and ensure the integrity of the judicial process is maintained.

In response, Adoyi reiterated that the issue at hand—the arrest warrant—is now subject to Supreme Court review, and it would be prudent to await their judgment before making any decisions on the arraignment. He maintained that pushing forward with the arraignment would violate the defendant’s rights and disrupt the legal process.

The controversy surrounding this case has garnered widespread attention, as the EFCC accuses Bello of embezzling large sums of public funds during his tenure as governor. On April 17, 2024, the Federal High Court issued an arrest warrant after Bello failed to appear in court for his arraignment. Since then, his legal team has filed several motions challenging the arrest warrant and other aspects of the trial.

On September 18, 2024, the former governor voluntarily appeared at the EFCC’s headquarters in Abuja, accompanied by the current Governor of Kogi State, Usman Ododo, who succeeded Bello. Despite his appearance, the EFCC did not detain him, citing procedural issues. It was later reported that the anti-graft agency attempted to arrest Bello at the Kogi State Government Lodge in Abuja, but the former governor was not apprehended.

Adoyi continued to insist that the arraignment could not proceed until the Supreme Court delivered its ruling on the arrest warrant, citing the importance of judicial fairness and adherence to legal procedures. “The life issue of today’s matter, which is the arraignment, is subject to the Supreme Court’s pending appeal. In the interest of justice, we must wait for the Supreme Court’s decision,” he said.

Justice Nwite, after considering the arguments from both sides, ruled that the case would be adjourned until October 30, 2024, to allow the Supreme Court time to deliberate on the matter. He stressed that the court would address all the legal issues raised once the Supreme Court’s ruling is available, ensuring that justice is served in accordance with due process.

The adjournment until October 30 sets the stage for a crucial decision that could determine the course of the trial and set an important precedent for future corruption cases in the country.

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