*Photo: Former Governor of Kogi State, Yahaya Bell, on the way for his first appearance in court*
The Federal High Court, Abuja, on Friday, adjourned sitting on the alleged N80bn fraud charge against the immediate past Governor of Kogi State, Yahaya Bello, to December 13, 2024 for the Motion for abridgment and possible arraignment.
Justice Emeka Nwite adjourned the sitting in the interest of fair hearing, noting that the matter had been originally adjourned to January 21, 2025.
When the matter was called on Friday, the former Governor was asked why his lawyers were not in court. He said he was only informed of the sitting late Thursday night and so could not contact his lawyers to be at the court.
The EFCC Counsel, Kemi Pinheiro, SAN, insisted that the Defendant’s plea be taken.
“What the law requires is the presence of the Defendant, not the presence of his lawyers,” he argued. But the judge declined.
While delivering a short ruling, Justice Nwite said, “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 fair hearing, I will not proceed for arraignment.
“The prosecution should serve the Defendant’s Lawyer with the application for abridgment of time while we come back to take that.
“This matter is peculiar. It 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 said.
The Court suggested December 13, 2024 for the Motion for abridgment.
However, the EFCC counsel applied that the date be for Motion and possible arraignment and that the Court should order that the defendant should remain in EFCC custody till the 13th of December when he is to appear before the Court.
The judge agreed and so ordered.
He directed that hearing notices be issued and served on the defendant’s counsel, while the Defendant should remain in the EFCC’s custody till December 13.
Recall that at the last hearing on October 30, Justice Nwite had adjourned arraignment to January 21, 2025. But the EFCC had applied for the abridgment of the adjourned date initially fixed for arraignment.
The Defendant’s lawyers were, however, not put on notice.
Former governor Bello is already in EFCC custody over a fresh N110bn charge before Justice Maryann Anenih of the Federal Capital Territory High Court.
The ruling on his bail application was adjourned to December 10, while he and his Co-Defendants were to remain in the Commission’s custody till that date.
