EFCC pushes for Yahaya Bello’s trial in absentia

The Economic and Financial Crimes Commission (EFCC) on Wednesday, October 30, 2024, requested the Federal High Court in Abuja to proceed with the trial of former Kogi State Governor, Yahaya Bello, in his absence.

The anti-graft agency, through its lead counsel, Kemi Pinheiro, SAN, urged Justice Emeka Nwite to enter a plea of “not guilty” on behalf of Bello, arguing that the defendant’s repeated absence should not hinder the trial.

Bello is facing 19 counts of money laundering involving N80.2 billion. Despite being summoned six times for arraignment, he has not appeared in court.

Pinheiro described Bello’s non-appearance as a deliberate attempt to obstruct justice and insisted that the trial must not be delayed. “A court must not show helplessness, as that would undermine the rule of law,” he said. He stressed that judicial proceedings should not be compromised by the defendant’s refusal to participate.

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The senior advocate also emphasized the principle that justice must serve all parties: the defendant, the prosecution, and the public. He added that under Section 276 of the Administration of Criminal Justice Act (ACJA), a defendant’s presence is not mandatory for arraignment, and a plea can be entered on their behalf.

“My first application is for the court to enter a plea of not guilty for the defendant, even in his absence. The second is to proceed with the trial. Whether the defendant is present or not, the objective remains the same—to prove the charges,” Pinheiro argued.

However, Bello’s counsel, Michael Adoyi, opposed the motion, citing a standing court order requiring the defendant’s presence before any legal applications could proceed. Adoyi maintained that the EFCC’s request contradicted the court’s earlier directive.

“Our primary argument is that the application contradicts the court’s previous order, which mandates the defendant’s arraignment before any motions are heard,” Adoyi stated.

In response, Pinheiro urged the court to dismiss the defence’s objection, insisting that entering a plea would not prejudice Bello or compromise the fairness of the trial.

Justice Nwite acknowledged the arguments but noted that delivering a ruling before the end of the year might be difficult due to the court’s busy schedule. He then adjourned the case to January 21, 2025, for ruling and possible arraignment.