Justice Emeka Nwite of the Federal High Court in Abuja has adjourned the hearing in the alleged money laundering case against the former governor of Kogi State, Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC), to 21 January 2025.
At the resumed hearing on Wednesday, EFCC Counsel, Kemi Pinheiro, informed the court that two witnesses were already present. He submitted an application requesting the court to enter a plea of not guilty on Bello’s behalf, even in his absence, as permitted under section 276 of the Administration of Criminal Justice.
Pinheiro argued that the defendant has the right to plead but could waive it, urging the court to recognise that Bello had done so. He stated that entering a plea of not guilty would allow the prosecution to proceed in proving the allegations.
However, Counsel to Bello, Michael Adoyi, opposed the application, stating that the EFCC’s request contravened a standing court order, which stipulates that no application can be heard without the defendant’s arraignment. He argued that the prosecution’s repeated assertions suggested that the court could not appear “helpless,” adding that any alleged helplessness was demonstrated by the prosecution.
Adoyi cautioned against the court’s aiding of the prosecution’s duty to present the defendant for arraignment and trial, emphasising that criminal proceedings differ from civil ones and that physical presence is required for arraignment under the ACJA, 2015. He requested the court to dismiss the EFCC’s application.
Pinheiro, however, urged the court to reject Adoyi’s arguments and proceed with entering the plea of not guilty for the defendant. Justice Nwite indicated it might not be possible to deliver a ruling within the year. Consequently, the judge set 21 January 2025 for ruling on the EFCC’s application and/or arraignment.
Earlier, Justice Nwite varied a previous order, removing Adedipe’s name from the directive to face the Legal Privileges Disciplinary Committee after Adedipe had withdrawn his representation for Bello on 28 June. Additionally, the court dismissed Bello’s application to halt proceedings due to a pending appeal at the Supreme Court, describing it as an abuse of judicial process and affirming the order that Bello must appear in court remains in effect.