Former Kogi State Governor Yahaya Bello snubbed the Federal High Court in Abuja again on Thursday, stalling his scheduled arraignment over the N80 billion money laundering charges pending against him for the fifth time.
Instead of appearing in court, the former governor sent his lawyers to request the transfer of the case to the court’s division in Lokoja, the Kogi State capital.
Mr Bello, who left office as governor of Kogi State in January, faces 19 counts of money laundering involving over N80 billion allegedly diverted from the coffers of Kogi State during his time as governor.
EFCC filed the charges after Mr Bello left office and lost his immunity to criminal prosecution. However, the agency has not been able to bring him to court.
Before Thursday’s scheduled proceedings that he snubbed, Mr Bello had avoided court sessions scheduled for his arraignment on 18 April, 23 April, 10 May, and 13 June.
Request for transfer
At the re-scheduled proceedings on Thursday, his lawyer, Adeola Adedipe, a Senior Advocate of Nigeria (SAN), informed the trial judge, Emeka Nwite, of the defence team’s request for transfer of the case to his home state.
Mr Adedipe informed the judge, Emeka Nwite, that the defence had sent a letter to the court’s Chief Judge requesting the transfer of the case to Lokoja.
Mr Adedipe said the request to transfer the case is based on their legal consideration that Lokoja is a more suitable territorial jurisdiction to hear the matter.
“Although the letter requesting the transfer of this matter to Lokoja was written by Yahaya Bello’s lead counsel, Abdulwahab Mohammed, SAN, I am, however, under obligation to draw the attention of this honourable court to the issue,” Mr Adedipe said.
He added, “We requested in substance that this matter be administratively transferred to the Federal High Court, Lokoja Judicial Division, which we believe has territorial jurisdiction to handle this matter.”
Mr Adedipe said the defence also wrote a letter on 13 June to inform the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), about the defendant’s request.
He said the letter to the EFCC was sent through Rotimi Oyedepo, a SAN and senior prosecution team member.
Mr Adedipe also told the judge that the Chief Judge’s office has sent correspondence dated 14 June to the prosecution to ask for their stance on the request.
According to the News Agency of Nigeria (NAN), Joshua Ibrahim Aji, a Special Assistant to the Chief Judge, signed the 14 June letter addressed to Mr Oyedepo of the EFCC.
“You will find attached the copy of a letter by counsel to the defendant on the above subject matter, dated 10 June 2024.
“I am directed by His Lordship, the Honourable, the Chief Judge to forward the letter to you for your response within 6 (six) days of receipt,” Mr Aji, the chief judge’s aide, wrote.
EFCC opposes call for transfer
However, the EFCC’s lead counsel, Kemi Pinheiro, a SAN, opposed the case transfer application, describing it as an attempt to frustrate the trial.
The EFCC lawyer urged the judge to hold Messrs Adedipe and Mohammed, the two senior advocates in the defence team, responsible for their inability to produce their client in court despite their undertaking.
The EFCC lawyer also urged the court to cite the two SANs for contempt for violating the undertaking they gave the court at previous proceedings.
Defence responds again
But Mr Adedipe, in response to Mr Pinheiro, said he was not Mr Bello’s lead counsel. He noted that he had not made any undertaking regarding the production of Mr Bello in court.
He accused the prosecution of malice and misrepresentation.
Mr Adedipe further informed the court of his intention to withdraw his representation for Mr Bello, citing section 349(8) of the Administration of Criminal Justice Act, 2015.
However, the EFCC’s counsel argued that it was too late for the defence lawyer to withdraw and urged the court to set an example.
Meanwhile, the judge, Mr Nwite, adjourned the matter until 17 July for the arraignment of the former governor and ruling on EFCC’s request to cite the two senior lawyers for contempt.
Stiff resistance to trial
EFCC accused him of diverting the funds from the Kogi State treasury during his eight years as governor of Kogi State.
However, efforts by the EFCC to arraign him have failed, with Mr Bello refusing to attend court on different occasions since April.
Mr Bello had anchored his refusal to appear in court on the Kogi State High Court ruling shielding him from arrest. He accused the EFCC of disobeying the court decision by filing charges against him and making moves to arrest him.
However, the EFCC appealed against the decision. The anti-corruption agency insisted that it violated no court order by exercising its powers and relying on the arrest warrant issued by the Federal High Court in Abuja on 17 April for his arrest to prosecute him.
An attempt by the EFCC to execute the arrest warrant on 17 April was frustrated by the police attached to the premises before he eventually sneaked away in his successor, Governor Ahmed Ododo’s convoy.
The following day, 18 April, Mr Bello refused to appear in court.
The anti-graft agency declared him wanted but has been unable to effect his arrest.
He snubbed subsequent proceedings on 23 April, pushing the court to order that he be served the charges through his lawyers.
He also did not show up in court on 10 May when the judge rejected his lawyer’s application seeking an order to halt his trial pending an appeal regarding his trial.
Meanwhile, his lawyers undertook on 10 May to produce him in court on 13 June. However, the defendant failed to appear in court as his lawyers had promised.
The court re-scheduled the arraignment for 27 June (Thursday).
However, the court re-scheduled hearing stalled again on Thursday as Mr Bello did not show up, forcing the judge to adjourn it till 17 July.
Earlier on 13 June, the Court of Appeal in Abuja ruled that “a court of law cannot preclude the EFCC or any law enforcement agency from investigating and prosecuting crime.”
Charges
In the charges pending in court, EFCC accused Mr Bello, his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu (said to still be at large) of conspiring to convert the total sum of N80.2 billion public funds to personal use in February 2016.
The commission alleged that Mr Bello and others “reasonably ought to have known” that the money “forms part of the proceeds of your unlawful activity” – criminal breach of trust.
EFCC also alleged in another count that Mr Bello, between 26 July 2021 and 6 April 2022 in Abuja, aided a firm, E-Traders International Limited, to conceal the aggregate sum of over N3 billion (N3,081,804,654) in account number 1451458080 domiciled in Access Bank Plc.
The anti-graft agency has faced difficulties bringing Mr Bello to court for arraignment.
Earlier on 17 April, the judge issued a warrant of arrest against the former governor. However, an attempt by EFCC operatives to arrest Mr Bello based on the arrest warrant that day was obstructed by the police officers attached to his house at Wuse Zone 4, Abuja.
The anti-graft agency has since declared Mr Bello wanted.
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