Yahaya Bello : Court rejects EFCC’s request

A Federal High Court in Abuja has rejected the Economic and Financial Crimes Commission (EFCC)’s request to arraign former Kogi State Governor Yahaya Bello without the presence of his legal team.

Justice Emeka Nwite, delivering a decision on the EFCC’s oral application made by counsel Kemi Pinheiro, SAN, ruled that allowing the arraignment without Bello’s lawyers would infringe on his right to a fair hearing.

Justice Nwite acknowledged Pinheiro’s argument that a bench warrant had been issued against Bello but emphasized that “fair hearing cannot be sacrificed on the altar of bench warrant.”

The court noted that the case had been adjourned to January 21, 2025, before the EFCC filed a motion seeking to hasten the arraignment.

During Friday’s proceedings, Bello was present in court but lacked legal representation. Justice Nwite inquired why Bello’s lawyers were absent, to which Pinheiro suggested that the defendant himself could provide an answer.

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Bello explained that he had been notified of the hearing late Thursday night at approximately 11 p.m., making it impossible to reach his legal team.

Pinheiro subsequently argued that the defendant’s presence alone sufficed for the arraignment, citing the Administration of Criminal Justice Act (ACJA) 2015, Sections 271 and 396. He further pointed to a precedent in Joseph Vs. State (2014), asserting that an accused’s physical presence, rather than the presence of counsel, was sufficient for arraignment.

However, Justice Nwite stated that this case was exceptional. He noted that a date had already been established and that, while it would be different if Bello had no legal representation, the situation here was distinct. The judge expressed that proceeding without the defendant’s counsel would be unjust.

Justice Nwite ultimately dismissed the EFCC’s motion, emphasizing that fairness required that Bello’s lawyers be informed. The court scheduled the hearing for the EFCC’s motion to be heard on December 13, with a directive that the hearing notice be served to Bello’s attorneys. The judge ordered Bello to remain in EFCC custody until then.