Due to the non-appearance of the former Governor of Kogi State, Alhaji Yahaya Bello, for his arraignment, the Federal High Court in Abuja issued an order on Tuesday for the Economic and Financial Crimes Commission (EFCC) to provide a copy of the charge against him to his legal representative.
Based on the provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act, ACJA, 2015, Justice Emeka Nwite, presiding over the trial, instructed Mr. Abdulwab Mohammed, SAN, the lawyer who made an unconditional appearance for the defendant, to accept a copy of the charge on behalf of his client.
The court reiterated that the law clearly stipulates that if it becomes practically impossible to personally serve a legal process on a defendant, it can be done through substituted means by delivering it to either the defendant’s counsel or an adult member of his household.
Justice Nwite emphasized that while the former governor did not appear in court to enter his plea, he did engage a lawyer to make an appearance on his behalf. Therefore, it was deemed appropriate for the EFCC to seek permission from the court to provide the court documents to his lawyer.
“Service of any process of court on a defendant is fundamental to vest the court with jurisdiction.
“The court cannot assume jurisdiction in the absence of effective service of the Originating Summons.
“Any decision reached in the absence of service will be subject to an appellate attack no matter how brilliant the decision reached.
“I therefore make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant,” Justice Nwite held.
Although the lead counsel for the former governor, Mohammed, SAN, initially showed reluctance to accept the charge, he was eventually compelled to do so by the court.
Bello is confronted with a 19-count charge relating to his purported involvement in money laundering, breach of trust, and misappropriation of funds amounting to approximately one billion.
More details soon.