3 weeks ago
25 ARTICLE AD
Former Kogi State Governor, Yahaya Bello
The Economic and Financial Crimes Commission, On Wednesday, urged Justice Emeka Nwite of the Federal High Court in Abuja to enter a plea of not guilty on behalf of the immediate past governor of Kogi State, Yahaya Bello, even in his absence.
At the resumed hearing, EFCC Counsel Kemi Pinheiro (SAN) informed Justice Nwite that he had two applications to present to the court. He stated that the first was to formally apply for a plea for Bello, and the second was to present two witnesses who were already in court.
He said, “My first application is to formally enter a plea of not guilty for the defendant, even in his absence. The second point is that, notwithstanding his physical absence, this is in full compliance with Section 276 of the ACJA.
“Following that entry, my lord, we humbly request permission to call the first witness.”
While submitting his application to enter a plea of not guilty for the defendant, Pinheiro argued, “The right to plead guilty or not guilty is one that the defendant may waive.
“My lord should hold that the defendant has waived this right.
“What prejudice will the defendant suffer if my lord enters a plea of not guilty in his absence? Even if he were present and pleaded not guilty, the situation would remain unchanged. The entry of a not guilty plea by your lordship simply invites the prosecution to prove the veracity of the allegations.”
However, Bello’s counsel, Michael Adoyi, opposed Pinheiro’s submission, arguing that the prosecution’s application was made contrary to an existing court order.
“Our first response to the application by learned senior counsel for the complainant is that the application contradicts the existing order of this honourable court made this morning—that no application can be entertained by this court in the absence of the defendant’s arraignment.
“The prosecution has frequently asserted that the court cannot display helplessness. The court is neither helpless in any proceeding nor, if any such helplessness exists, is it demonstrated by the court but by the prosecution,” he argued.
Adoyi contended that the court, in a criminal trial, remains independent from the prosecution.
Referring to Supreme Court rulings on similar cases, he said, “The application by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to assist the prosecution in its duty of presenting the defendant for arraignment and subsequent trial.”
He argued that civil proceedings differ from criminal proceedings and that the prosecution’s application could not rely on the provisions of the ACJA, 2015, as “these provisions do not negate the need for the physical presence of the defendant.”
“In light of this, we urge my lord to dismiss the application made by senior counsel for the complainant.”
Pinheiro, however, requested the court to reject Adoyi’s arguments and proceed with a ruling on entering a not guilty plea for the defendant.
Justice Nwite responded that delivering the ruling might not be feasible this year.
He said, “It may not be possible to deliver this ruling this year. I am here as a vacation judge. So, what are we agreeing on now, learned silk?”
Pinheiro requested that the court adjourn for ruling and/or arraignment of the defendant.
The judge subsequently adjourned to 21st January 2025 for ruling on the EFCC’s application and/or arraignment.
Recall that, at the previous hearing on September 25, Adoyi had informed the court that the issue of the defendant’s arraignment was the subject of an appeal filed by the defendant at the Supreme Court with Appeal Numbers SC/CR/847/2024 and SC/CR/848/2024.
He urged the court to await the Supreme Court’s decision on the appeal before proceeding with the arraignment to avoid undermining the Supreme Court.
He said, “In the interest of justice, we should await the Supreme Court’s decision on the matter.”
Bello faces a 19-count charge of money laundering and misappropriation of funds totalling N80.2 billion before Justice Nwite, as well as an additional 16-count charge amounting to N110.4 billion before Justice Maryann Anenih.
