FG serves Yahaya Bello charge through his counsel in court

By Abiodun OBA

The immediate-past Governor of Kogi State, Alhaji Yahaya Bello, has been served with the money laundering charge in the open court on Tuesday through his lead counsel, Abdulwahab Mohammed (SAN).

This followed the permission granted by the Economic and Financial Crimes Commission (EFCC) to prosecute the former governor on behalf of the federal government by the trial judge, Justice Emeka Nwite of the Federal High Court sitting in Abuja, to serve Bello through his counsel.

After the service of the charge was effected, counsel to Bello moved an application seeking the setting aside of the warrant of arrest order issued against the defendant as the service of the charge had been affected on him.

Mohammed said, “Now that service has been effected, a warrant of arrest should not be allowed to hang on the neck of the defendant.”.

However, Kemi Pinheiro (SAN), representing the EFCC, opposed the application, saying that the court cannot entertain any application by the defendant without his physical presence in court.

He reminded the court of its earlier order that the defendant be arrested and brought to court to take his plea on the allegations preferred against him and added that the court can only consider any application in a criminal trial after the defendant has taken his plea.

The EFCC lawyer told the court that the application by the defendant is aimed at delaying his arraignment and frustrating the matter, and he urged the court not to indulge the defendant.

According to him, “the defendant, having disobeyed the order of the court, cannot be entitled to enjoy the exercise of the discretion of the court in his favour”.

He drew the court’s attention to Section 396 of ACJA, which allows any application by the defendant only after his arraignment in court.

EFCC urged the Federal High Court in Abuja on Tuesday to maintain the warrant of arrest issued against the immediate past Governor of Kogi State, Yahaya Bello.

Bello is facing a 19-count charge brought against him by the EFCC in the Federal High Court in Abuja.

Adeola Adedipe, SAN, a member of his legal team, informed the court that Bello said he was afraid of arrest to appear in court in person.

Bello’s legal team reiterated his assertion that the EFCC is an illegal organisation, arguing that the Federal Government did not seek the approval of the 36 states before enacting the EFCC Act through the National Assembly.

However, EFCC’s lawyer, Mr. Kemi Pinheiro, SAN, urged the court to reject the application, insisting that the warrant of arrest should not be set aside until the defendant makes himself available for trial.

Pinheiro argued that Bello cannot evade appearing in court and file multiple applications, emphasizing that he cannot request the arrest order to be vacated unless he is present in court for arraignment.

“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. He cannot be heard on that applied application.

“The main issue should be ascertaining the whereabouts of the defendant. All these applications he is filing are nothing, but dilatory tactics intended to delay his arraignment and frustrate the proceedings.

“If he wants the order of arrest to be discharged, let him come here and make the application.

“Our position is that the defendant should be denied the right of being heard, until he is physically present before this court.”

EFCC’s lawyer further argued that in line with section 396 of ACJA, 2015, the court could not effectively assume jurisdiction to decide any application or objection in the matter, until the defendant is arraigned.

The anti-graft agency said it would not execute the arrest warrant if counsel to the defendant undertake to ensure his presence on the next adjourned date.

“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.

“If he gives that assurance, as the prosecution, I will personally apply for the warrant to discharged,” EFCC’s lawyer, Pinheiro, SAN, added.

EFCC told the court that the Supreme Court had since settled the issue of its legality.

“The charge before this court is not against a state or House of Assembly, but against an individual who is said to have laundered public funds.

“It is against an individual who is said to have taken public funds to buy houses in Lagos, Maitama and also transferred funds to his accounts abroad,” EFCC added.

After hearing submissions of counsel in the matter, Justice Nwite adjourned till May 10 for ruling.