The Economic and Financial Crimes Commission (EFCC) has requested an adjournment of the hearing in its new case against the former Governor of Kogi State, Yahaya Bello, and two others, to November 14, 2024.
At the resumed hearing, the EFCC’s counsel, Rotimi Oyedepo, informed the court that public summons had been issued against Bello, directing that it be published and the charge posted.
However, the presiding judge, Justice Maryann Anenih, clarified that she had only ordered the summons to be posted, not the charge.
Oyedepo expressed his expectation that Bello would appear in court on November 14, referencing the 30-day validity of the summons, and thus requested an adjournment to that date for the arraignment of the three defendants.
Joseph Daudu, Senior Advocate of Nigeria (SAN), representing the second defendant, objected to the request, arguing that the matter was set for arraignment and that his client was ready. He emphasized that each defendant is independent and should be treated accordingly.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
Counsel to the 3rd defendant, aligned with Daudu, he stated in the alternative that the court take his client’s application for bail.
The EFCC Counsel, Oyedepo, however, said that the application for bail could not be taken as the charge was a joint charge.
According to him, there are counts of conspiracy in it.
Insisting that the court should adjourn to November 14, the EFCC lawyer notified the court that there was an application for the enforcement of fundamental rights of the 2nd defendant and that the oral application cannot be taken.
The 2nd defendant’s counsel, Daudu, however, insisted that this negated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says. That until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
“They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” he stated.
The 2nd defendant’s counsel also asked for a date for fundamental rights application for his client.
Though the trial judge refused the oral application for bail, she said the defendants should come formally by filling applications in writing.
Justice MaryAnne Anenih, subsequently adjourned to 14th and 20th November for response of the 1st defendant to summons and/or arraignment.