Justice Emeka Nwite of the Federal High Court Abuja has adjourned the hearing in the alleged money laundering case brought against the immediate past governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC), to January 21, 2025.
At the resumed hearing on Wednesday, Counsel to EFCC, Kemi Pinheiro, told the court that he had two witnesses already in court.
He said his first application was to formally apply that the court should enter a plea of not guilty on behalf of Bello, even in his absence, as it was in full compliance with section 276 of the Administration of Criminal Justice
The EFCC Counsel stated that Bello has the right to plead guilty or not guilty and that can be waived by the defendant.
He urged the court to hold that the defendant has waived that right.
Pinheiro further said that the entry of a plea of not guilty by the court was an invitation to the prosecution to come and prove the veracity of the allegations.
Counsel to Bello, Michael Adoyi, however, objected stating that the EFCC’s application was made contrary to a subsisting order of the judge, no application can be entertained by the court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.
Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.
Citing Supreme Court verdicts on similar matters, he said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aid the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.”
He argued that civil proceedings were different from criminal proceedings.
The Defendant’s Counsel noted that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant.”
“In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant,” he said.
Counsel to the EFCC, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the Defendant.
Justice Nwite, however, said it might not be possible to deliver the ruling this year.
Pinheiro said the matter would be for ruling and/or arraignment of the defendant.
The Judge subsequently adjourned to 21st January 2025 for ruling on the application by the EFCC and/or arraignment.
Justice Nwite had earlier ruled varying his earlier order, excluding Adedipe’s name from the order to face the legal privilege disciplinary committee.
Adedipe had filed an application before the court pursuant to section 9 of the federal high court act, seeking a variation of the court’s order as he had on 28th June withdrawn his appearance for Bello.
The court also ruled on the application filed by Bello seeking to stop proceedings due to an appeal pending at the Supreme Court an abuse of the judicial process.
Justice Nwite dismissed the application and insisted that orders made by the court on 10th June for Bello to present himself in court subsists.
