The Economic and Financial Crimes Commission (EFCC) has filed a request with a federal high court in Abuja to begin the trial of Yahaya Bello, the former governor of Kogi State, in his absence.

This comes after the anti-graft agency has sought to arraign Bello since April, facing a 19-count charge related to alleged money laundering amounting to N80 billion.

During proceedings on Wednesday, Kemi Pinheiro, counsel for the EFCC, informed the court that two witnesses were present and ready to testify. He characterised Bello’s failure to appear in court for his arraignment as “malicious.”

Pinheiro urged the court to enter a plea of not guilty on behalf of Bello in light of his absence.

“A court can never demonstrate helplessness. That would be an indication of anarchy, and society is based on the rule of law. The court demonstrating helplessness will negate the basis of the rule of law,” he stated.

He stressed that a criminal trial should not be stalled or obstructed by a defendant’s refusal to engage in the legal process.

“Justice is a three-way street—justice to the defendant, justice to the prosecution who has assembled witnesses, and justice to society. My lord must give preference to public interest,” he stressed.

Pinheiro noted that Bello’s engagement with different legal representatives indicated his awareness of the charges against him. He argued that a defendant who maliciously refuses to attend court should have a plea of not guilty formally entered and the trial should proceed.

“Where a defendant acts maliciously by refusing to come and enter his plea to answer to the charge, my lord is mandated by sec 256(1) to formally enter a plea of not guilty and proceed with trial,” he said. “The deliberate flouting of the court of appeal order to present himself for arraignment is a call to plea.

“Consequently, the non-attendance of the defendant is tantamount to a deliberate refusal to plea. The constitutional right to be physically present to plead guilty or not guilty is a right that can be waived by that defendant.

“My lord is invited to hold that the defendant has waived that right.”

In response, A.M. Adoyi, Bello’s attorney, urged the court to disregard the senior counsel’s submissions.

“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court,” Adoyi asserted, noting that no application should be entertained in the defendant’s absence.

He further argued that if there is any helplessness, it lies with the prosecution, not the court, stating that the relevant section of the Administration of Criminal Justice Act (ACJA) mandates the physical presence of the defendant at trial.

After considering the arguments from both sides, presiding judge Emeka Nwite adjourned the case to January 21, 2025.