fbpx
Wednesday, December 4, 2024
-0.8 C
Tallinn

Court Denies EFCC’s Bid to Arraign Yahaya Bello in Absence of His Counsel

A Federal High Court in Abuja, on Friday, turned down the Economic and Financial Crimes Commission, EFCC’s application to arraign ex-Gov. Yahaya Bello of Kogi in the absence of his lawyers.

Justuce Emeka Nwite while delivering a ruling on the oral application by the EFCC’s counsel, Kemi Pinheiro, SAN, held that such request could not be granted in the interest of fair hearing.

Justice Nwite agreed with Pinheiro that though a bench warrant was issued against the former governor, “fair hearing cannot be sacrificed on the altar of bench warrant.”

The judge held that it was not in doubt that the matter was originally adjourned until Jan. 21, 2025, before the anti-graft agency brought a motion for the abridgement of time to arraign Mr Bello.

When the matter was called on Friday, although the former governor was in court, he was not represented by any lawyer.

The judge then asked the EFCC’s counsel why the defendant was not represented in court.

Pinheiro said the defendant would be in better position to answer the question.

However, when the ex-governor was asked why his lawyers were not in court, he said he was only informed of the sitting late Thursday night at about 11pm and so could not contact his lawyers.

Pinheiro then made an application for the arraignment of Mr Bello.

“What the law requires is the presence of the defendant, not the presence of his lawyers,” he argued, citing sections 271 and 396 of Administration of Criminal Justice Act (ACJA), 2015.

“I respectfully apply that the charge be ready to this defendant and his plea be taken.Then this matter can be adjourned,” he said.

But the judge said the instant case was peculiar.

“It is peculiar in the sense that we have already agreed on a date, which is in January.

“It would be a different thing if the defendant had no counsel,” the Judge said.

Pinheiro insisted that the defendant’s plea be taken, citing a previous case.

According to him, I rely on the authority of Joseph Vs. State, 2014, to the effect that what the court requires for arraignment is the physical presence of the defendant and not the presence of his counsel.

Delivering the ruling, Justice Nwite turned down Pinheiro’s application.

“I have listened to the submission of counsel to the prosecution and also heard from the defendant.

“It is not in dispute that on 30th of October, this matter came up. And it is not in dispute that the defendant was not in court.

“It is also not in dispute that the court ordered the parties to address the court on whether the defendant can be tried in absentia.

“And it is also not in dispute that the matter has been adjourned till 21st day of January, 2024 for ruling.
“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.

“Therefore, I am of the view that the defendant’s counsel be put on notice,” he ruled.

Justice Nwite consequently adjourned the matter until Dec. 13 for the hearing of the EFCC’s motion for the abridgement of time for the arraignment of the former governor.

The judge, who ordered that the hearing notice be issued and be served on the defendant’s lawyers, directed that the ex-governor should remain in the anti-graft agency’s custody pending the adjourned date.

SourceNAN

Hot this week

Russian National Arrested for Attempting to Illegally Export Aircraft to Russia by Transshipping Through Armenia

Sergey Nechaev, a dual U.S.-Russian citizen, was arrested on...

Germany Pledges More Weapon To Ukraine

Agency Report Kiev  - German Chancellor Olaf Scholz arrived in Kiev...

Nearly 100,000 Volkswagen workers joined one-day wave of strikes

Agency Report Wolfsburg, Germany - A day-long wave of strikes...

Trial of alleged former German concentration camp guard may go ahead — Court

Agency Report Hanau, Germany  - A 100-year-old man alleged to have...

Zambia launches first ever National Rainwater Harvesting Strategy

The Zambian Ministry of Water Development and Sanitation (MWDS),...

Latest

Germany Pledges More Weapon To Ukraine

Agency Report Kiev  - German Chancellor Olaf Scholz arrived in Kiev...

Nearly 100,000 Volkswagen workers joined one-day wave of strikes

Agency Report Wolfsburg, Germany - A day-long wave of strikes...

Trial of alleged former German concentration camp guard may go ahead — Court

Agency Report Hanau, Germany  - A 100-year-old man alleged to have...

Zambia launches first ever National Rainwater Harvesting Strategy

The Zambian Ministry of Water Development and Sanitation (MWDS),...

Bayern’s Sané investigated by German FA over possible elbow

Agency Report Frankfurt  - Bayern Munich winger Leroy Sané risks...

Kremlin Criticizes Scholz for Pledges of Support to Ukraine

Agency Report Moscow  - Russia has criticized German Chancellor Olaf...

Nigerian Pastor Bolaji Idowu Arrested Over Alleged Real Estate Fraud and Money Laundering

ABUJA, Nigeria — The Nigeria Police Force has arrested...
spot_img

Related Articles

Popular Section

spot_imgspot_img

MORE FROM CHATNEWSTV

EFCC Makes Single Largest Asset Recovery till Date

Justice Jude Onwuegbuzie, on Monday, December 2, 2024 gave a ruling on a final forfeiture of an estate in Abuja measuring 150,500 square metres...

Nigerian Army Confirms Fisayo Soyombo’s Arrest with Oil Theft Suspects

The Nigerian Army has disclosed that Fisayo Soyombo is being investigated over oil theft. This is coming amid reports that popular investigative journalist, Fisayo Soyombo,...

EFCC Slams Another ₦80.2 Billion Fraud Charges Against Ex-Kogi Governor Yahaya Bello

ABUJA, Nigeria (CHATNEWSTV) — The Economic and Financial Crimes Commission (EFCC) is set to arraign the immediate past Governor of Kogi State, Alhaji Yahaya...

FBI Arrests Nigerian ‘Bobo Chicago’ Over $2.8M Fraud Case

CHICAGO (CHATNEWSTV) — Federal agents last week arrested Oluyomi Omobolanle Bombata, also known as "Bobo Chicago," on charges of orchestrating a $2.8 million fraud...

Court to Decide on Yahaya Bello’s Bail Application December 10

Justice Maryann Anenih of the High Court of the Federal Capital Territory, FCT, has fixed December 10 for ruling in the bail applications by...

Former Kogi Governor Yahaya Bello Reports to EFCC Over Alleged Fund Misappropriation

ABUJA, Nigeria (CHATNEWSTV) — Yahaya Bello, the immediate past governor of Kogi State, appeared at the Economic and Financial Crimes Commission (EFCC) on Tuesday...

Judge’s Absence Delays Nnamdi Kanu’s ₦50 Billion Lawsuit Against Nigerian Government

Agency Report The absence of Justice Inyang Ekwo of a Federal High Court in Abuja, on Monday, stalled a N50 billion suit filed by Nnamdi...

REA Human Resources Director Arraigned for Fraud, Faces Charges of Diverting Over N223 Million

ABUJA — The Economic and Financial Crimes Commission (EFCC) has arraigned Sulieman Garba Bulkwang, the Director of Human Resources Management at the Rural Electrification...

Nigeria’s Supreme Court Strikes Down 2005 National Lottery Act, Citing Jurisdictional Overreach

The Nigerian Supreme Court has nullified the National Lottery Act 2005, declaring that the National Assembly overstepped its legislative authority by enacting the law....