The former Governor of Kogi State, Yahaya Bello, facing a 19-count charge from the Economic and Financial Crimes Commission (EFCC), expressed his readiness to appear before the Federal High Court in Abuja, despite his absence during the arraignment. He briefed a team of lawyers to represent him in court on Tuesday.
During the court session, Adeola Adedipe, SAN, a member of his legal team, explained that Bello wanted to attend but was concerned about a possible arrest.
“The defendant wants to come to court but he is afraid that there is an order of arrest hanging over his head,” Adedipe, SAN, stated.
He requested the court to cancel the ex parte arrest warrant issued against the former governor, as his client had not been served the charge as required by law when the arrest order was issued.
Adedipe pointed out that the court had only authorized substituted service of the charge to be delivered to the defendant through his lawyer during the proceedings.
Bello also argued that the EFCC is an unauthorized body, alleging that the Federal Government failed to consult all 36 states before passing the EFCC Act through the National Assembly. He contended that according to section 12 of the 1999 Constitution, the Act needed ratification by the various State Houses of Assembly before it could take effect.
However, EFCC’s lawyer, Kemi Pinheiro, SAN, urged the court to reject the application, arguing that the arrest warrant should remain valid until the defendant appears for trial.
Pinheiro stated, “The defendant cannot stay in hiding and be filing numerous applications. He cannot ask for the arrest order to be vacated until and when the defendant is present in court for his arraignment. He cannot be heard on that applied application.”
He emphasized that according to section 396 of the ACJA, 2015, the court cannot effectively assume jurisdiction to decide any application or objection until the defendant is arraigned.
The EFCC expressed readiness to discharge the arrest warrant if the defendant’s counsel undertakes to ensure his presence on the next adjourned date, and they are willing to apply for the warrant to be discharged in such a scenario.
Furthermore, EFCC emphasized that the charge before the court pertains to an individual accused of laundering public funds and purchasing properties both locally and abroad.
