Crime
Court Declines EFCC’s Bid To Arraign Yahaya Bello Without Lawyers
The Federal High Court in Abuja on Friday suspended the arraignment of former Kogi State Governor, Alhaji Yahaya Bello, following the absence of his legal representatives.
Bello faces a 19-count charge involving an alleged ₦80.2 billion fraud.
The prosecution, represented by Mr. Kemi Pinheiro, SAN, urged the court to proceed with the arraignment, arguing that the law only requires the physical presence of the defendant, not necessarily his lawyers, for the plea to be taken.
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Citing sections 271, 277, and 396 of the Administration of Criminal Justice Act (ACJA), 2015, Pinheiro maintained that Bello’s presence in the dock fulfilled legal requirements.
However, Bello informed the court that he learned of the hearing late Thursday night and believed his lawyers were unaware of the rescheduled date. The case was initially adjourned to January 21, 2025, before being brought forward.
In his ruling, Justice Emeka Nwite declined to compel Bello to enter a plea in the absence of his legal team. He stressed that ensuring fair hearing is paramount.
“It would amount to a breach of fair hearing for the defendant to be docked in the absence of any lawyer representing him,” Justice Nwite ruled. “It would have been different if the defendant had no lawyer representing him.”
The court also acknowledged that during a previous hearing on October 30, Bello was absent, prompting the EFCC to seek permission to try him in absentia.
While a bench warrant had been issued for his arrest, Justice Nwite stated that procedural fairness must not be sacrificed.
“It is therefore my view that the interest of justice will be met by putting the defense counsel on notice about this abridgement of time,” the judge added.
Recall that Bello surrendered to the EFCC last week after months of evading arrest.
The EFCC alleged that an earlier attempt to execute a bench warrant at Bello’s residence was thwarted by the current Kogi State Governor, Ahmed Ododo, who reportedly whisked the former governor away in his official car.
Bello, alongside his nephew, Ali Bello, and two others, Dauda Suleiman and Abdulsalam Hudu, faces charges of money laundering, breach of trust, and misappropriation of public funds.
Justice Maryanne Anenih of the FCT High Court had earlier remanded Bello in EFCC custody after he pleaded not guilty to a separate charge. On Friday, he was brought before the Federal High Court for the new charges.
Justice Nwite has ordered that Bello’s lawyers be formally notified of the rescheduled hearing date.
The matter was adjourned to December 13, 2024, to allow both parties to address whether the original January 2025 date should be abridged.
For now, the former governor remains in EFCC custody.
Alhaji Yahaya Bello, the immediate past Governor of Kogi State, on Wednesday pleaded not guilty to a 16-count charge of fraud and financial misconduct filed against him by the Economic and Financial Crimes Commission (EFCC).
The charges, which stem from an alleged N110 billion scam, were brought before Justice Maryann Anenih of the High Court of the Federal Capital Territory in Maitama, Abuja.
Bello, who had been on the run for several months, surrendered to the EFCC on Tuesday, bringing an end to a protracted game of hide-and-seek between him and the anti-graft agency.
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He appeared in court dressed in a white caftan and blue cap, taking his place in the dock at 9:45 am.
The charges, under case number CR/7781, accuse Bello and his co-defendants, Umar Oricha and Abdulsalami Hudu, of conspiracy, criminal breach of trust, and possession of unlawfully obtained property.
The EFCC alleges that the former governor misappropriated state funds to acquire a series of high-end properties, including: No. 35 Danube Street, Maitama, Abuja (valued at N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II, Abuja (N100 million), No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million), Block D, Manzini Street, Wuse Zone 4, Abuja (N170 million), A luxury apartment in Burj Khalifa, Dubai (AED 5.7 million), Block 18, Gwelo Street, Wuse Zone 4, Abuja (N60 million), No. 9 Benghazi Street, Wuse Zone 4, Abuja (N310.4 million)
The charges further allege that Bello and his co-defendants transferred significant sums abroad, including $570,330 and $556,265 to TD Bank in the USA.
They are also accused of holding N677.8 million, allegedly obtained through fraudulent means, in an account with Bespoque Business Solution Limited.
The case was further adjourned to December 10 for a ruling on the bail application filed by Bello and his co-defendants.
Nigerian activist and social commentator Martins Vincent Otse, popularly known as Verydarkman (VDM), has called on the Economic and Financial Crimes Commission (EFCC) to release the mugshot of former Kogi State Governor Yahaya Bello, if reports of his arrest are true.
The demand comes after the EFCC on Tuesday, announced Bello’s arrest on allegations of money laundering, abuse of public trust, and the misappropriation of ₦80.2 billion.
The EFCC spokesperson Dele Oyewale confirmed the arrest but did not provide further details or a mugshot, sparking criticism from the public and activists alike.
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In a video posted on social media, Verydarkman accused the EFCC of potentially staging the arrest to mislead Nigerians.
He alleged, citing unverified sources, that Bello visited the EFCC headquarters prior to his arrest with a ₦10 billion bribe in an attempt to influence officials.
“This could be nothing more than a publicity stunt,” VDM claimed, adding that the absence of Bello’s mugshot raises questions about the EFCC’s transparency.
He noted that the agency has a history of publishing mugshots of arrested individuals, including high-profile figures, and questioned why Bello’s case is being handled differently.
VDM’s statement has reignited public discourse on the EFCC’s credibility and its handling of corruption cases involving influential figures.
The EFCC has yet to respond to the activist’s demands or address the allegations of preferential treatment.
The Economic and Financial Crimes Commission (EFCC) has confirmed the arrest of Yahaya Bello, the immediate past governor of Kogi State, over allegations of multi-billion naira fraud.
Speaking to the News Agency of Nigeria (NAN), EFCC spokesperson Dele Oyewale disclosed that Bello was apprehended on Tuesday at 12:54 p.m. in Abuja.
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Oyewale noted that despite being declared wanted, the former governor did not voluntarily submit himself to the commission.
“We arrested him (Yahaya Bello) at 12:54 p.m. He did not surrender himself to the commission. Three of his lawyers are here with him,” Oyewale explained.
The EFCC spokesperson added that Bello is currently in custody and undergoing interrogation by investigators.
“He is being detained in our custody and will be arraigned in court accordingly,” he said.
This arrest comes as part of the EFCC’s ongoing efforts to address corruption and ensure accountability among public officials.
Bello, who governed Kogi State from 2016 to 2023, has faced multiple allegations of financial impropriety during his administration.
Further details on the charges and Bello’s upcoming court proceedings are expected to be released in the coming days.
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