The Federal High Court sitting in Abuja on Wednesday adjourned the money laundering case against former Kogi State Governor, Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC) until October 30, 2024, for a ruling.
Justice Emeka Nwite ordered the adjournment following Bello’s request to appeal to the Supreme Court, seeking to quash the trial court’s arrest warrant issued on April 17.
During the hearing, defence counsel A.M. Adoyi informed the court that Bello’s arraignment, which is being appealed, had been referred to the Supreme Court.
He stated that the Court of Appeal’s verdict on August 28, which ordered Bello to appear before Justice Nwite for arraignment, had been contested in the Supreme Court.
Adoyi further referred the court to the September 23 affidavit of record filed in connection with the appeal.
“The appeal numbers are SC/CR/847/2024 and SC/CR/848/2024. That means the most appropriate thing to do is to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to render the appellant’s appeal null or to pull the rug out of the feet of the Supreme Court,” he said.
The EFCC counsel, Kemi Pinheiro, was dissatisfied with the move. He told the court that the defendant and his counsel had turned the court into a place for entertainment.
He stated that the various applications are a gross abuse of court; he urged the trial judge to use his powers and sanction Adoyi for contempt of court and being irresponsible.
Pinheiro said, “The first thing I want to say is that this court is not vaudeville (a vaudeville is a place of variety entertainment). No party must turn a court into a vaudeville; that court must resist it.
“This court has adjourned four times for the defendant to appear for arraignment.
“The defendant has refused to respect the Constitution and this court. Rather than respect the sanctity of this court, the defendant and his solicitors have deployed all manner of deception to achieve a purpose.”
Arguing against the defendant’s applications, Pinheiro said, “They have three applications on this—two before your lordship and one before the Supreme Court. I will now urge your lordship to demonstrate audacity of coercive power on him.”
“Secondly, an appeal the defendant filed at the court of appeal disputing the mode of service of the charge and proof of evidence on their counsel was dismissed by the court of appeal on the 28th of August this year.
“The Court of Appeal said the mode of service was good and proper service. The appellant shall not take any further steps until he submits himself. But they took another step. The appellant was ordered to present himself for arraignment and not take any further steps on this until he honours this order.”
Furthermore, he said, “Mr. Adoyi has now filed an application before your lordship in total disregard against the lordship’s orders that said they should not take any further steps until the defendant appears for his arraignment. He has shown total disregard and scorn.
“Consequently, sir, I will be urging your lordship to hold Mr. Adoyi in contempt and refer Mr. Adoyi and Adewale to the legal practitioners disciplinary committee for sanctions,” Pinheiro said.
However, Adoyi argued that the life issue of the matter slated for today (Wednesday), which is the arraignment, “is subject to an appeal by the defendant at the Supreme Court.”
“In the interest of justice, we should await the decision of the Supreme Court on the issue,” he urged the court.
Justice Emeka Nwite stated that based on the counsel’s submission, he would have to make a decision on the points addressed.
He stated that he would need to adjourn to rule on the subject.
As a result, he deferred the case until October 30 for a ruling and arraignment. Bello is facing 19 counts of money laundering and theft of funds totalling N80.2 billion.
It was alleged that Bello presented himself to the EFCC last Wednesday, accompanied by the Governor of Kogi State, Alhaji Ahmed Usman Ododo, but the EFCC refused to question or detain him.
It was later claimed that EFCC agents allegedly set up a nighttime raid on the Kogi Government Lodge in Abuja in order to arrest the governor.
Pinehero remarked that Bello’s invitation to the commission was for him alone, not in the company of others.
He said, “I have looked at all the court orders; there was nowhere that your lordship directed that Yahaya Bello should present himself for arraignment in the EFCC car park. Arraignment is not done in the EFCC car park.
“The defendant went to the EFCC car park holding the hands of the person with immunity, and there are pictures to show who he came within the full complement of the paraphernalia and security joined to his office.
“If there was an attempt to extricate him from the person with immunity (the governor), there would have been an anarchy. By their own admission, the invitation by the EFCC is for Yahaya Bello to come alone since the court order only specifies him, not security details or a person with immunity.”
