Court adjourns hearing in EFCC suit against Yahaya Bello to Jan 21 

A Federal High Court in Abuja has adjourned the hearing in the money laundering case brought against the immediate past governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC) to January 21, 2025.

At yesterday’s proceedings in the suit marked, FHC/ABJ/CR/98/2024, counsel to the EFCC, Kemi Pinheiro (SAN), said he had two witnesses already in court.

He prayed the court to formally enter a plea of not guilty on behalf of the defendant even in his absence.

Citing Section 276 of the Administration of Criminal Justice Act (ACJA), the senior lawyer argued that the physical presence or absence of the defendant in a criminal case cannot frustrate the trial.

“Flowing from that entry my lord, is a humble request that we call the first witness,” he stated.

Pinheiro, in defending his application to enter a plea of not guilty for the Defendant, said: “The right to plead guilty or not guilty is a right that can be waived by the defendant. My lord should hold that the defendant has waived that right.”

He argued that the absence of the defendant from court for arraignment was malicious, adding that Section 276 (Subsection 1) of the ACJA mandates the judge to enter a plea of not guilty on behalf of the defendant and proceed to trial.

Michael Adoyi, who appeared for the defendant, however, kicked against the position, maintaining that the prosecution’s application was made contrary to a subsisting order of Justice Emeka Nwite.

He argued that the court, in a criminal trial, is distinct from the prosecution.

Citing Supreme Court verdicts on similar matters, Adoyi noted: “The application made by learned senior counsel for the complainant this morning (yesterday) is a dangerous invitation to this honourable court. Civil proceedings are different from criminal proceedings.”

The defendant’s attorney observed that the prosecution’s application could not be anchored on any of the provisions of the ACJA, stating: “Those provisions do not excuse the need for physical presence of the defendant.”

Pinheiro, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the defendant.

Justice Nwite said it might not be possible to deliver the ruling this year.

“It may not be possible to deliver this ruling this year. You know I am just coming as a vacation judge. So what are we agreeing on now learner silk?” he submitted.

Pinheiro, therefore, proposed January 21, 2025, for ruling and/or arraignment.

The presiding judge, thereafter, adjourned to January 21 for ruling on the application by the EFCC and/or arraignment.