The Economic and Financial Crimes Commission, EFCC, on Wednesday called on Justice Emeka Nwite of the Federal High Court in Abuja to enter a plea of not guilty on behalf of the immediate past governor of Kogi State, Yahaya Bello, even in his absence.
During the resumed hearing, EFCC Counsel Kemi Pinheiro (SAN) informed Justice Nwite that he had two applications to present to the court. He explained that the first step was to formally ask for a plea for Bello, followed by the presentation of two witnesses who were already in court.
He said, “My first application is to formally enter a plea of not guilty for the defendant, even in his absence. The second point is that, notwithstanding his physical absence, this is in full compliance with Section 276 of the ACJA.
“Following that entry, my lord, we humbly request permission to call the first witness.”
While submitting his application to enter a plea of not guilty for Bello, the EFCC counsel argued, “The right to plead guilty or not guilty is one that the defendant may waive.
“My Lord should hold that the defendant has waived this right.
“What prejudice will the defendant suffer if my lord enters a plea of not guilty in his absence? Even if he were present and pleaded not guilty, the situation would remain unchanged. The entry of a not guilty plea by your lordship simply invites the prosecution to prove the veracity of the allegations.”
However, Bello’s counsel, Michael Adoyi, objected to Pinheiro’s statement, claiming that the prosecution’s application violated an existing court order.
However, Bello’s counsel, Michael Adoyi, objected to Pinheiro’s statement, claiming that the prosecution’s application violated an existing court order.
Adoyi stated that in a criminal trial, the court remains impartial to the prosecution.
Alluding to Supreme Court rulings on similar cases, he said, “The application by learnt senior counsel for the complainant this morning is a dangerous invitation to this honourable court to assist the prosecution in its duty of presenting the defendant for arraignment and subsequent trial.”
He opined that civil proceedings differ from criminal proceedings and that the prosecution’s application could not rely on the provisions of the ACJA, 2015, as “these provisions do not negate the need for the physical presence of the defendant.”
“In light of this, we urge my lord to dismiss the application made by senior counsel for the complainant.”
Pinheiro, however, urged the court to reject Adoyi’s arguments and proceed with a ruling on entering a not guilty plea for the defendant.
Justice Nwite responded that delivering the ruling might not be feasible this year.
“It may not be possible to deliver this ruling this year. I am here as a vacation judge. So, what are we agreeing on now, learnt Silk?”
Pinheiro requested that the court adjourn for ruling and/or arraignment of the defendant.
The judge subsequently adjourned to 21st January 2025 for ruling on the EFCC’s application and/or arraignment.
