The adjournment came after Mr Bello explained that he was informed of the court session only late on Thursday evening, preventing him from notifying his lawyers.
The Federal High Court, Abuja, on Friday, adjourned proceedings in the N80 billion money laundering case against former Kogi State Governor Yahaya Bello.
The court postponed the former governor’s arraignment until 13 December after rejecting a request by the Economic and Financial Crimes Commission (EFCC) to arraign Mr Bello in the absence of his lawyer.
The trial judge, Emeka Nwite, said the adjournment was in the interest of a fair hearing, since the case had been adjourned to 21 January 2025.
The EFCC produced Mr Bello, who is on remand, in court from custody on Friday.
The agency earlier arraigned Mr Bello at the FCT High Court in Abuja on N110 billion charges. The judge, Maryanne Anenih, ordered the remand of Mr Bello in custody till 10 December set for ruling on his bail application.
The Federal Hugh Court judge, Mr Nwite, adjourned the N80 billion money laundering case after Mr Bello explained that he had been informed of the court session only late on Thursday evening, preventing him from notifying his lawyers in time.
EFCC counsel, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), argued that the defendant’s plea should be taken despite the absence of his lawyers because the law requires only the defendant’s presence.
“What the law requires is the presence of the defendant, not the presence of his lawyers,” he argued.
However, Mr Nwite rejected this request in the interest of a fair hearing as enshrined in the 1999 Constitution, as amended.
The judge ordered that Mr Bello’s lawyer be served with the motion for the abridgement of time and scheduled the next hearing for 13 December.
Ruling
Mr Nwite said, “The matter came up on 30 October 2024. It was adjourned to 21 January 2025. From the statement of the defendant, his lawyers are not aware of today’s date. In the interest of a fair hearing, I will not proceed for arraignment.”
He continued, “The prosecution should serve the defendant’s lawyer with the application for abridgement of time while we come back to take that.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Success!
Almost finished…
We need to confirm your email address.
To complete the process, please follow the instructions in the email we just sent you.
Error!
There was a problem processing your submission. Please try again later.
“This matter is peculiar. It is peculiar in the sense that we have already agreed on a date, which is in January.
“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.”
The Court suggested 13 December for the motion for abridgement of time.
However, the EFCC sought to have Mr Bello remain in custody until the next hearing, to which the court agreed.
As a result, Mr Bello will remain in EFCC custody until 13 December, pending further legal proceedings.
Mr is also involved in a separate N110 billion corruption case, which was heard in the FCT High Court in Abuja on Wednesday, where he pleaded not guilty alongside two co-defendants.
This newspaper reported that Mr Bello, who is facing 19 counts of money laundering allegedly involving N80.2billion in Kogi State’s funds, had repeatedly shunned court summons since April when he was first scheduled to appear for arraignment.
But Friday’s appearance was the first time he would be appearing before Mr Nwite after missing the eighth court session.
However, his defence team cited the appeals the former governor recently filed at the Supreme Court as the reason for his absence from the previous proceedings on 25 September.
However, EFCC lawyersl said under Section 276 of the Administration of Criminal Justice Act, a defendant’s physical presence in court is not an absolute requirement for arraignment.
ADVERTISEMENT
Source link : https://allafrica.com/stories/202411290395.html
Author :
Publish date : 2024-11-29 12:53:55
