A Federal Capital Territory High Court in Abuja, presided over by Justice Maryann Anenih, has adjourned the arraignment of the former Kogi State Governor, Yahaya Bello, and his co-defendants to November 14, 2024. The case involves fresh 16-count charges brought by the Economic and Financial Crimes Commission (EFCC) against the ex-governor.
The prosecution, led by Senior Advocate of Nigeria (SAN) Rotimi Oyedepo, had requested the adjournment to allow time for Bello to appear in court. According to Oyedepo, a public summons had been issued against the first defendant (Bello), directing that it be published and served. Oyedepo added that the 30-day period for Bello to respond to the summons had not yet expired, prompting the request for more time.
Justice Anenih, however, clarified that she had only instructed the issuance of the summons and not the pasting of the charges, emphasizing that the court expected Bello to appear on the next scheduled date.
The defense team representing the second and third defendants, however, raised objections to the prosecution’s request. JB Daudu (SAN), counsel for the second defendant, expressed frustration over the delay, stating, “My Lord, we are here for arraignment. I don’t think the prosecution should use them as a shield as they are individually here on their own.”
“I will ask for their discharge if he (the prosecution) is not ready for arraignment. We either take plea or their discharge.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
The counsel to the 3rd defendant, A.M. Aliyu (SAN), agreed with the submission of the 2nd defendant’s counsel, adding that he would be asking the court to take his client’s application for bail.
“In the alternative, my Lord, I have filed an application for bail which was duly served on the complainant,” he said.
Daudu further argued that his client, along with the other defendants, should not be held in custody simply because Bello had not yet appeared in court. He emphasized that they had already been in custody for over a month and should not be penalized for another person’s absence.
He said, “Fundamental human right is not about freedom alone but fair hearing. I urge my Lord to take a global look at the matter. They left their family for over a month now.
“We urge the court to release the two on bail and that keeping them will not have any impact on the case.
“His argument is persuasive but does not go by what the law says. That is until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
“They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give it to them.”
A.M. Aliyu (SAN), counsel for the third defendant, echoed Daudu’s sentiments and pressed for his client’s bail application to be heard. He reminded the court that the application had already been filed and served on the prosecution.
In response, Oyedepo stated that the bail application could not proceed because the charges were joint and included counts of conspiracy. He maintained that all defendants needed to be present for the arraignment to move forward.
After hearing both sides, Justice Anenih refused the oral bail applications submitted by the defense.
She said, “I have considered your application for bail; it is noted that, as rightly stated by the prosecution, the defendants are at liberty to make proper application for bail in this court; otherwise, the oral application made today is hereby refused.”
The court then adjourned the case to November 14 and November 20 for further proceedings, including the response to the summons and potential arraignment.
