A Federal High Court sitting in Abuja postponed the trial of Alhaji Yahaya Bello, the former governor of Kogi State, to January 21, 2025.
This adjournment was granted to allow Judge Emeka Nwite time to make a ruling on an application filed by the Economic and Financial Crimes Commission (EFCC), Nigeria’s anti-corruption agency, which seeks to try the former governor in his absence.
The EFCC has leveled a 19-count charge against Bello, alleging that he was involved in money laundering amounting to N80.2 billion during his tenure.
The commission’s lead prosecutor, Senior Advocate of Nigeria (SAN) Kemi Pinheiro, told the court that all efforts to get Bello to appear in court voluntarily had been unsuccessful.
According to Pinheiro, the defendant’s failure to show up has delayed the case’s progress, even though prosecution witnesses were prepared to testify.
“Therefore, my lord, my first application is for this court to formally enter a plea of not guilty for the defendant, even in his absence.
“The second point is that, not withstanding his physical absence, such procedure will be in full compliance with Section 276 of the Administration of Criminal Justice Act, ACJA, 2015.
“It is our humble request that we be allowed to call our first witness,” the prosecution counsel added.
More so, he urged the trial judge to hold that the former governor had waived his right to stand before the court to personally enter his plea to allegations against him.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same.
“The entry of the plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.
Representing the defense, Michael Adoyi opposed the EFCC’s request. He argued that proceeding with the trial in Bello’s absence would violate a standing order from the court requiring the defendant to be present for any applications.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court that no application can be entertained in the absence of the arraignment of the defendant.
“The application made by the learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial,” Adoyi argued.
After hearing both sides, Judge Nwite chose to defer further proceedings until January 21, allowing time to consider the arguments before making a ruling on whether Bello can be tried in absentia.
