In an ongoing legal battle, the Economic and Financial Crimes Commission (EFCC) has urged Justice Emeka Nwite of the Federal High Court in Abuja to enter a plea of not guilty on behalf of Yahaya Bello, the immediate past governor of Kogi State, despite his absence from the courtroom.
During the resumed hearing on Wednesday, EFCC Counsel Kemi Pinheiro (SAN) addressed the court with two key applications. The first sought to formally enter a plea of not guilty for Bello, and the second aimed to present two witnesses who were present in court. Pinheiro cited Section 276 of the Administration of Criminal Justice Act (ACJA) as the basis for proceeding without Bello’s physical presence.
“My first application is to formally enter a plea of not guilty for the defendant, even in his absence,” Pinheiro stated. He argued that the right to plead is one that the defendant may waive. “What prejudice will the defendant suffer if my lord enters a plea of not guilty in his absence?” Pinheiro questioned, emphasizing that regardless of Bello’s presence, the plea would compel the prosecution to substantiate the allegations.
However, Bello’s counsel, Michael Adoyi, opposed this request, insisting that it contradicted an existing court order requiring the defendant’s presence for arraignment. Adoyi argued that the prosecution’s application was an attempt to overstep judicial boundaries, asserting that the court should not assist the prosecution in presenting Bello for trial. He highlighted the necessity of the defendant’s physical presence under the ACJA, 2015, and urged the court to dismiss the EFCC’s application.
In response, Justice Nwite indicated that a ruling on the matter might not be feasible this year, as he was serving as a vacation judge. The court adjourned the case to January 21, 2025, for a ruling on the EFCC’s application and potential arraignment.
The case against Yahaya Bello involves serious allegations, including a 19-count charge of money laundering and misappropriation of funds amounting to N80.2 billion, alongside an additional 16-count charge of N110.4 billion, which will be heard by Justice Maryann Anenih.
This legal proceeding has captured significant attention, especially following the previous hearing on September 25, where Adoyi informed the court of an appeal pending at the Supreme Court. The appeal challenges the arraignment process, with Adoyi arguing that the court should await the Supreme Court’s decision to avoid undermining its authority.