The Abuja Division of the Federal High Court on Friday turned down the Economic and Financial Crimes Commission (EFCC)’s application to arraign ex-Governor Yahaya Bello of Kogi in the absence of his lawyers.
Justice Emeka Nwite, while delivering a ruling on the oral application by the EFCC’s counsel, Kemi Pinheiro (SAN), held that such a request could not be granted in the interest of a fair hearing.
Mr Nwite agreed with Mr Pinheiro that though a bench warrant was issued against the former governor, “fair hearing cannot be sacrificed on the altar of a bench warrant.”
The judge held that it was not in doubt that the matter was initially adjourned until January 21, 2025, before the anti-graft agency brought a motion for the abridgement of time to prosecute Mr Bello.
When the matter was called on Friday, although the former governor was in court, he was not represented by any lawyer.
The judge then asked the EFCC’s counsel why the defendant was not represented in court.
Mr Pinheiro said the defendant would be in a better position to answer the question.
However, when the ex-governor was asked why his lawyers were not in court, he said he was only informed of the sitting late Thursday night at about 11:00 p.m., and so could not contact his lawyers.
Mr Pinheiro then made an application for Mr Bello’s arraignment.
“What the law requires is the presence of the defendant, not the presence of his lawyers,” he argued, citing sections 271 and 396 of the Administration of Criminal Justice Act (ACJA), 2015.
“I respectfully apply that the charge be ready to this defendant and his plea be taken. Then this matter can be adjourned,” he said.
But the judge said the instant case was peculiar.
“It is peculiar in the sense that we have already agreed on a date, which is in January,” Mr Nwite said. “It would be a different thing if the defendant had no counsel.”
Mr Pinheiro insisted that the defendant’s plea be taken, citing a previous case.
“I rely on the authority of Joseph Vs State, 2014, to the effect that what the court requires for arraignment is the physical presence of the defendant and not the presence of his counsel,” the EFCC’s counsel said.
Delivering the ruling, Mr Nwite turned down Mr Pinheiro’s application.
“I have listened to the submission of counsel to the prosecution and also heard from the defendant. It is not in dispute that on October 30, this matter came up. And it is not in dispute that the defendant was not in court.
“It is also not in dispute that the court ordered the parties to address the court on whether the defendant can be tried in absentia. It is also not in dispute that the matter has been adjourned till the 21st day of January 2024 for a ruling.
“It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel. Therefore, I am of the view that the defendant’s counsel be put on notice,” he ruled.
Justice Nwite consequently adjourned the matter until December 13 for the hearing of the EFCC’s motion for the abridgement of time for the arraignment of the former governor.
The judge, who ordered that the hearing notice be issued and served on the defendant’s lawyers, directed that the ex-governor remain in the anti-graft agency’s custody pending the adjourned date.
