Story highlights
- The Federal High Court in Abuja refused to suspend the N80.2 billion fraud case against former Kogi state governor, Yahaya Bello.
- Bello’s defense team faced accusations of misconduct for failing to produce him in court. They were referred to the Legal Practitioners Disciplinary Committee.
- The court adjourned the case to September 25 for arraignment. The judge accepted Adeola Adedipe’s formal withdrawal from the case.
The Federal High Court Abuja has refused to suspend the N80.2 billion fraud case instituted against former Kogi state governor, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC).
The ex-governor was billed to be arraigned today before Justice Emeka Nwite today.
This is after over four proceedings wherein the ex-governor was absent in court due to a legal dispute put forward by his legal team, particularly regarding the appeal.
EFCC charges
Yahaya Adoza Bello and others were accused of conspiring in February 2016 to convert N80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
But the ex-governor denied the charges.
What transpired at last week’s proceedings
Adeola Adedipe (SAN), had explained that after the last proceedings on June 13, he was told by Yahaya Bello’s lead counsel, Abdulwahab Mohammed (SAN) that a letter had been written on behalf of the defendant to the Chief judge of the Federal High Court, James Tsoho, requesting that the matter be administratively transferred to the Federal High Court, Lokoja Judicial Division.
But the EFCC counsel, Kemi Pinero (SAN) told the court to focus on the business of that day (arraignment) and ask the defence team about the whereabouts of Yahaya Bello.
Piniero insisted that Adedipe should face contempt proceedings (be committed to prison) over his alleged failure to produce Bello as he undertook earlier, accusing the defense of playing “tricks” on the court.
Adedipe then applied to the court to withdraw from the matter, accusing the EFCC counsel of insulting his person by calling him a “trickster”.
He also said that EFCC had failed to arrest Bello in line with the order of the court but chose to blame the non-appearance of the ex-governor on the defense.
After hearing from the parties, Justice Emeka Nwite adjourned till today to rule on the lawyers’ submissions.
The judge also ordered the two SANs who represented Bello (Abdulwahab and Adedipe) to be present in court on the day of his ruling.
What transpired in court
At the resumption of proceedings, Abdulwahab said he had filed an application for a stay of further proceedings of the court at the Appeal Court.
“The proper cause is for you to hands off until the Court of Appeal decides. Heaven will not fall if your lordship awaits the Court of Appeal, “ Abdulwahab insisted, adding that Bello cannot be arraigned amid an appeal.
Piniero argued that “all the drama (by the defense) is calculated at frustrating the proceedings”, urging the court not to suspend proceedings.
What the judge said
Ruling on their submissions, Justice Nwite said that the stay of proceedings is at the discretion of the court.
He said that based on the rules of the Federal High Court when an appeal has been entered, the trial court should hands off the matter.
However, the judge said that based on relevant laws, “an application for stay of proceedings in respect of criminal proceedings shall not be entertained” until judgment.
Nwite said the issue of jurisdiction cannot be used as a magic wand to stay proceedings on criminal proceedings.
He subsequently overruled the submissions of the defense to stay the proceedings.
Nwite then observed that the defense team had made an undertaking to produce Bello, adding that their behavior amounts to professional misconduct.
He said he would have penalised them but would rather refer the two SANs to the Legal Practitioners Disciplinary Committee (LPDC)for investigation and appropriate sanctions.
He subsequently refused Adedipe’s application to orally withdraw from the matter.
Adedipe then drew the court’s attention to his formal application for withdrawal, insisting that he should be discharged from the proceedings.
Piniero said he was not opposing the application to withdraw.
The judge directed the defense lawyers to bring a formal application against his fresh ruling and the “court can do otherwise”
On Adedipe, the judge said he has complied by formally applying for withdrawal, adding his application for withdrawal is granted.
“Adedipe is hereby discharged from representing the defendant in this charge,” the judge ruled.
The court then adjourned to September 25 for arraignment.
More Insights
The EFCC and other security agencies had declared Bello wanted citing in court, their inability to track his whereabouts or arrest him.
The EFCC had accused the Kogi state government of using its “immunity” to shield Bello.
The planned arraignment of the Kogi State ex-governor comes amid the ongoing trial of his nephew, Alli Bello, Daudu Suleiman and another for fraud.
They were accused of diverting public funds to the tune of N80.2 billion.
In that case, Yahaya Bello was mentioned as an accomplice in some of the counts.