In a pivotal money laundering case against former Kogi State governor Yahaya Bello, the Federal High Court in Abuja has postponed the proceedings to January 21, 2025. The Economic and Financial Crimes Commission (EFCC) is pursuing the case, with its counsel, Kemi Pinheiro, SAN, confirming that two witnesses were prepared to testify during Wednesday’s hearing.
Pinheiro requested the court to formally enter a plea of “not guilty” on behalf of Bello, despite his absence, arguing this complies with Section 276 of the Administration of Criminal Justice Act (ACJA). "This plea entry invites the prosecution to present evidence to support the allegations,” Pinheiro stated. He further argued that the plea could be entered without Bello being present, referencing the defendant’s ability to waive certain rights in such proceedings.
However, Bello's defense, led by Michael Adoyi, opposed Pinheiro’s request, arguing that entering a plea in the defendant’s absence violates a recent directive from Justice Emeka Nwite’s court, which requires the defendant’s physical presence for arraignment. Citing related Supreme Court cases, Adoyi asserted that the prosecution’s application attempts to bypass established protocols in criminal trials.
Adoyi emphasized that while civil cases may allow for certain flexibilities, criminal proceedings mandate the defendant's presence. He concluded by urging the court to reject the prosecution’s application.
Justice Nwite acknowledged the complexities of the case and suggested that a ruling may not be feasible within this calendar year. Both parties agreed to the adjournment, setting January 21, 2025, as the next date for ruling on the EFCC’s application and potential arraignment.
Notably, the court had previously deferred Bello’s arraignment pending the Supreme Court’s decision on appeals regarding the same matter.
