Former Kogi State Governor Yahaya Bello’s arraignment at the Federal High Court in Abuja was stalled on Friday due to the absence of his defence counsel, Abdulwahab Mohammed (SAN).
Mohammed was reportedly unaware of the hearing date, leading to his absence.
Bello faces a 19-count charge of money laundering amounting to N84 billion, brought against him by the Economic and Financial Crimes Commission.
Bello has already been charged in a separate case before the Federal Capital Territory High Court in Maitama, Abuja, with 16 counts of fraud involving N110.4 billion.
As Justice Emeka Nwite prepared to begin the arraignment on Friday, he observed the absence of the defence lawyer and enquired about his whereabouts.
Bello informed the court that he discovered of the arraignment late Thursday night and was unable to contact his legal team.
Kemi Pinheiro, EFCC counsel, urged the court to proceed with the arraignment despite the absence of Bello’s lawyer.
“What the law requires is the presence of the defendant, not the presence of his lawyers,” Pinheiro argued.
However, Justice Nwite denied the request, citing the defendant’s right to a fair hearing.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s date. In the interest of a fair hearing, I will not proceed for arraignment,” Justice Nwite said.
The court waited 45 minutes, but with no sign of the defending lawyer, Justice Nwite adjourned the case.
At the previous session on October 30, Pinheiro urged that the trial begin, noting that two witnesses were present and ready to testify.
He also proposed that the court issue a not guilty plea on Bello’s behalf and proceed with the trial.
In response to Pinheiro’s comments, Justice Nwite underlined the defendant’s need for legal representation.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel,” the judge stated.
He further remarked, “Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel.”
Following the adjournment, Pinheiro requested that the court set a new date for the hearing of motions and probable arraignment and that Bello stay in EFCC custody until then.
Justice Nwite granted the application and ordered that hearing notifications be issued to the defendant’s lawyers.
He also ordered Bello to stay in EFCC custody till the next hearing on December 13.
