Inside Nigeria
Ex-Kogi Gov Yahaya Bello’s case adjourned to November 14 by FCT High Court
A High Court of the Federal Capital Territory has granted the Economic and Financial Crimes Commission’s (EFCC) request to adjourn the arraignment of former Kogi Governor Yahaya Bello and two others until November 14, 2024.
The adjournment was sought by EFCC counsel Rotimi Oyedepo, SAN, as the 30-day summons against the former governor is still in effect.
Bello, alongside Umar Oricha and Abdulsalami Hudu, faces 16-count charges, though the prosecution expects Bello to appear in court by the next date. Defense counsel Joseph Daudu, SAN, objected to the adjournment, arguing that the arraignment should proceed as scheduled.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
He said that if the prosecution was not ready to proceed with the case, the defendants who were already in court should be discharged.
Mohammed Aliyu, SAN, who represented the third defendant, aligned with Daudu’s submission.
Aliyu said in the alternative, he would be asking the court to take his client’s application for bail.
Oyedepo, however, disagreed with the defence.
He said that the application for bail could not be taken as the charge was a joint charge.
According to him, there are counts of conspiracy in it.
The lawyer, who insisted that the court should adjourn to Nov. 14, said there was an application for the enforcement of fundamental rights of the 2nd defendant, which was also served on him.
He argued that the application for bail cannot be taken until their arraignment.
Daudu, however, argued that Oyedepo’s position negated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says.
“That until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
“They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give it to them,” he stated.
Besides, Daudu alleged that EFCC abused the court process when it obtained an order to remand the defendants at a magistrate court, even when the matter was already before the high court.
“That is the abuse,” he said.
The 2nd defendant’s counsel also asked for a date for a fundamental rights application for his client.
Though the judge refused the oral bail application, she said the defendants should come formally by filling out applications in writing.
Justice Anenih therefore adjourned until Nov. 14 and Nov. 20 for the response of the 1st defendant to summons and/or arraignment. (NAN)