BREAKING: Court Rejects EFCC’s Request to Arraign Ex-Gov Yahaya Bello Without Lawyers

• The court on Friday, November 29, refused to allow the EFCC to arraign the former Kogi state Governor, Yahaya Bello, in the absence of his lawyers
• The former governor was dragged to court to answer to a 19-count charge involving an alleged N80.2 billion fraud, but on Friday, the court emphasized that fair hearing principles should not be compromised
• Justice Emeka Nwite adjourned the case until December 13 to allow the defense team to address the court on whether the original trial date should be abridged

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Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements.

The Federal High Court sitting in Abuja on Friday, November 29, declined to allow the Economic and Financial Crimes Commission (EFCC) to arraign the immediate past Governor of Kogi state, Alhaji Yahaya Bello, in the absence of his lawyers.

Legit.ng had earlier reported that Bello was, on Thursday, November 27, detained at the holding facilities of the Economic and Financial Crimes Commission (EFCC) in Abuja.

Bello was declared wanted by the anti-graft agency in April over an alleged N110 billion fraud. He was finally apprehended after multiple failed attempts to bring him to trial.

Bello was scheduled to enter his plea before trial Justice Emeka Nwite on another 19-count charge that bordered on his alleged complicity in an N80.2 billion fraud.

Bello vs EFCC: Court proceedings on Friday

When the matter was called up on Friday, November 29, none of the lawyers representing the former governor, was in court.

Notwithstanding the development, EFCC’s counsel, Mr. Kemi Pinheiro, SAN, urged the court to allow the defendant who had already mounted the dock, to take his plea.

Placing reliance on provisions of sections 271, 277 and 396 of the Administration of Criminal Justice Act, 2015, the prosecution lawyer argued that what the law required for the arraignment to take place, was the physical presence of the defendant and not his counsel.

Court queries EFCC over absence of Bello's lawyers

Bello told the court that he only learned about the proceeding around 11 pm on Thursday, November 28.

He maintained that his lawyers were probably not aware that the court later brought forward the case, which was originally adjourned until January 21, 2025, Vanguard reported.

Consequently, in his short ruling, Justice Nwite said he was not willing to compel the defendant to enter his plea to the charge when his lawyers were not in court.

Nwite stressed that the bench warrant could not be sacrificed on the altar of a fair hearing

According to Justice Nwite, arraigning the defendant in the absence of a lawyer would amount to a breach of fair hearing.

“It would have been different if the defendant had no lawyer representing him.

“It is therefore my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” Justice Nwite added.

Therefore, he ordered the service of hearing notice on Bello’s lawyers, even as further proceedings in the matter were deferred until December 13 to enable the parties to address the court on whether the original date the case was adjourned to should be abridged.

Read more about Yahaya Bello's case

• Again, EFCC to arraign Yahaya Bello, reason, other details emerge
• Yahaya Bello: Drama as judge walks out of court, details emerge

Verydarkman challenges EFCC

Earlier, Legit.ng reported that popular social media personality, Martins Vincent Otse, aka Verydarkman, reacted to Bello's arrest.

Verydarkman claimed that he heard that Bello bribed the EFCC chairman, Ola Olukoyede, with 10 billion naira to arrange the arrest.

The internet sensation, however, noted that the information came from an unreliable source and dared the commission to post a picture of the politician holding a placard.

Proofreading by James, Ojo Adakole, journalist and copy editor at Legit.ng.