The Abuja Division of the Court of Appeal has upheld the FCT Federal High Court ruling, which restrained the former governor of Kogi, Yahaya Bello, from moving any preliminary objection until he is arraigned.
In a unanimous decision on Tuesday, a three-member justices of the court held that the trial court presided over by Justice Emeka Nwite was right when it ruled that it would no longer entertain any application, including the appellant’s preliminary objection challenging its jurisdiction.
Justice Kenneth Amadi, who read the judgment on an appeal number CA/ABJ/CV/536 filed by Yahaya Bello against the Federal Republic of Nigeria, held that there “is no dichotomy between pre and post-arraignment objection.”
It said the appellant’s preliminary objection could not be taken in the absence of the arraignment of the appellant.
The appellate court, therefore, dismissed the appellant’s appeal.
The Court of Appeal held that the appellant, having been aware of his charge on the media space and the same published by the respondent but refused to appear to take his plea, the trial court was right in issuing his warrant of arrest.
Also, while ruling on the appeal number CA/ABJ/CV/535/2024 BETWEEN YAHAYA ADOZA BELLO V. FRN, the appellate court dismissed the appellant’s appeal and held that the service of the charge on the appellant’s counsel was valid and proper.
It held that the Administration of Criminal Justice Act (ACJA), 2015, does not provide the manner in which an application for substituted service of the charge should be made.
The court, therefore, upheld the order of substituted service of the charge on the appellant’s counsel.
On the appeal number CA/ABJ/CV/412/2024 BETWEEN EFCC V. YAHAYA BELLO, the Appeal Court upheld the appeal of the appellant and held that no court has the power in the guise of enforcement of fundamental rights to make an order shielding and restraining the EFCC from arresting and or prosecuting anybody.
The panel held that the order made by the trial High Court in Kogi prejudiced the criminal charge pending at the Federal High Court in Abuja.
The appellate court subsequently ordered the appellant to appear before the Federal High Court, Abuja, to take his plea in Charge No: FHC/ABJ/CR/98/2024 before taking any step in the matter.
