The Federal High Court in Abuja on Friday turned down a request by the Economic and Financial Crimes Commission (EFCC) to proceed with the arraignment of former Kogi State Governor Yahaya Bello in the absence of his legal team. Bello faces a 19-count charge related to his alleged involvement in an N80.2 billion fraud.
During the hearing, Justice Emeka Nwite refused the EFCC’s plea to have Bello enter a plea without his lawyers present. The EFCC’s counsel, Kemi Pinheiro, SAN, argued that under sections 271, 277, and 396 of the Administration of Criminal Justice Act, 2015, only the physical presence of the defendant is required for arraignment, not the presence of his legal team.
Bello, who was in court, stated that he was informed of the hearing late Thursday night and that his lawyers might not have been notified about the rescheduled date. Originally, the case was set to resume on January 21, 2025, but it was unexpectedly moved forward.
In a brief ruling, Justice Nwite emphasized the importance of fair hearing. He stated that compelling the defendant to enter a plea without his legal representation would violate his rights. “It would have been different if the defendant had no lawyer representing him,” the judge remarked.
The court ordered that Bello’s legal team be formally notified about the updated schedule and adjourned the case to December 13. Until then, Bello will remain in EFCC custody. Justice Nwite stressed that while the bench warrant issued in April for Bello’s arrest remains valid, it must not undermine the principle of fair hearing.
The bench warrant was initially issued after Bello repeatedly failed to appear in court for his arraignment. EFCC officials attempted to execute the arrest at Bello’s Abuja residence but were reportedly obstructed by the current Kogi State Governor, Ahmed Ododo, who allegedly helped Bello evade capture.
After months of evasion, Bello voluntarily surrendered to the EFCC earlier this week. He was subsequently arraigned before the Federal Capital Territory High Court, where he pleaded not guilty. Justice Maryanne Anenih ordered his remand in EFCC custody pending further legal proceedings.
Bello is set to face trial alongside three co-defendants: his nephew, Ali Bello; Dauda Suleiman; and Abdulsalam Hudu. The EFCC has accused the group of money laundering, breach of trust, and misappropriation of public funds.
