A Federal High Court in Abuja has dismissed an application by the Economic and Financial Crimes Commission (EFCC) to arraign former Kogi State Governor Yahaya Bello in the absence of his legal team.
Justice Emeka Nwite, ruling on the EFCC’s oral request made by counsel Kemi Pinheiro, SAN, stated that proceeding without Bello’s lawyers would violate his right to a fair hearing.
While acknowledging that a bench warrant had been issued against Bello, Justice Nwite emphasized that “fair hearing cannot be sacrificed on the altar of a bench warrant.” He highlighted that the case had initially been adjourned to January 21, 2025, before the EFCC sought an earlier arraignment date.
During the proceedings, Bello was present in court but was unrepresented by counsel. Justice Nwite inquired about the absence of Bello’s lawyers, and Pinheiro suggested that Bello could explain the situation. Bello responded that he was only notified of the hearing late Thursday night, around 11 p.m., making it impossible to inform his legal team.
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Pinheiro argued that under Sections 271 and 396 of the Administration of Criminal Justice Act (ACJA) 2015, Bello’s physical presence alone was sufficient for arraignment. He also cited the case of Joseph v. State (2014) to support his position.
However, Justice Nwite disagreed, describing the case as exceptional. He noted that a hearing date had already been set and that proceeding without Bello’s counsel would be unjust. The judge emphasized that fairness demanded the involvement of the defendant’s lawyers.
The court denied the EFCC’s motion and directed that Bello’s legal team be informed. The case was rescheduled for December 13, 2024, for the EFCC’s motion to be heard, with instructions for a hearing notice to be served to Bello’s attorneys. Justice Nwite ordered Bello to remain in EFCC custody until the next hearing.
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