The planned arraignment of Kogi State’s immediate past governor, Yahaya Bello, was halted on Thursday in a way that has become constant since the Economic and Financial Crimes Commission (EFCC) filed a 19-count charge against him involving N80.2 billion.
The development sparked a heated disagreement between the prosecution and defence attorneys about Bello’s absence from court.
The EFCC’s principal prosecuting counsel, Mr. Kemi Pinhero, SAN, was also absent from court.
Pinhero was said to had earlier notified the defence lawyers that he would not be able to make it to court and accordingly requested a new date to be set for the defendant to enter his plea to the 19-count charge the anti-graft agency preferred against him.
Going by the above situation, the parties agreed to send junior lawyers to the court to set a new date for the proposed arraignment.
However, when the matter was called up before trial Justice Emeka Nwite, another senior prosecutor, Mr. Rotimi Oyedepo, SAN, announced his appearance for the EFCC and expressed the readiness of his team to proceed with the case.
Miffed by the development, counsel to Bello, Mr. Adeola Adedipe, SAN, informed the court of the agreement that was earlier reached by the parties, which he said explained the absence of the former governor at the proceeding.
Explaining the development in court, counsel for Bello, Adeola Adedipe (SAN), said there was a misalignment with the transmission of information coming from prosecution.
He added that the lead prosecution counsel, Kemi Piniero (SAN) had suggested to the defence team in a meeting that the arraignment be further adjourned to June 27 for convenience sake.
Adedipe further told the court that the agreed date was also referred to the court administratively and that junior counsels would come to court today and formally take a date as agreed by parties, since the matter was last adjourned in open court.
According to the defence counsel, he personally approached the registrar to confirm and it was confirmed to him, adding the prosecution was trying to “ambush” him.
But Rotimi Oyedepo responded by accusing the defence team of attempting to describe the prosecution team as one that is divided.
Oyedepo stated that the EFCC suspended its “machinery” following their undertaken to produce him.
He insisted that holding a meeting outside court is not a sufficient ground for the defense team to sit down in court while the ex-governor is absent from proceedings.
“Assuming without conceding that there was a conversation between the counsel for Bello and the prosecution (outside the court), to have this matter adjourned, the fundamental issue today is compliance with the order of my lord; to with, the appearance of the defendant,” he said, urging the defense to apologize to the court.
The judge asked Adedipe if they agreed in the meeting that Bello should not be in court today, he replied that what was agreed is that junior lawyers should come and take a new date.
Adedipe subsequently apologized to the court and to the prosecution and urged the court to further adjourn the arraignment to June 27 as agreed by the parties.
Oyedepo also apologized for reacting at the defense team’s refusal to produce Bello today.
After hearing the parties, the judge said ordinarily, today was fixed for Bello’s arraignment but he has noted the meeting between the lawyers as well as the apology of the defense team.
” I am minded to take the apology on the ground that the defendant is making a fresh undertaking that the defendant(Bello) will be produced on June 27.
“The matter is adjourned to June 27 for arraignment,” the judge ruled.
Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu (still at large) are accused of conspiring in February 2016 to convert N80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.
Between July 26, 2021, and April 6, 2022, Yahaya Bello is alleged to have aided E-Traders International Limited in concealing N3,081,804,654.00 in an Access Bank account, knowing it was from unlawful activity, thereby violating Sections 18(a) and 15(2)(d) and punishable under Section 15(3) of the same Act.
Additionally, in November 2021, Bello allegedly procured E-Traders International Limited to transfer $570,330.00 to a TD Bank account in the USA, also from unlawful activity, violating Section 15(2)(d) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 as amended.