The Federal High Court in Abuja has adjourned the arraignment of former Kogi State Governor Yahaya Adoza Bello to December 13, 2024, following a legal standoff over his representation in court. Bello faces a 19-count charge brought against him by the Economic and Financial Crimes Commission (EFCC), alleging money laundering, misappropriation of public funds, and breach of trust to the tune of ₦80.2 billion.
Failed Arraignment Amidst Absence of Legal Counsel
Bello appeared before Justice Emeka Nwite on Friday, November 29, 2024, without his legal team. Despite his physical presence, the absence of his lawyers prompted a contentious debate in court. EFCC counsel, Kemi Pinheiro, SAN, argued for the arraignment to proceed, citing Sections 271-277 and Section 392 of the Administration of Criminal Justice Act (ACJA). Pinheiro contended that Bello’s presence fulfilled the legal requirements for arraignment and referenced Court of Appeal rulings to support his position.
“In view of his physical presence in court and relying on the provisions of the ACJA, I respectfully apply that the charge be read to the defendant, his plea be taken, and my lordship adjourn for further proceedings,” Pinheiro submitted.
Bello, however, pleaded with the court for more time to mobilize his legal team, emphasizing that he was not adequately prepared for his arraignment.
Justice Nwite Upholds Fair Hearing Rights
In a brief ruling, Justice Nwite declined the EFCC’s request to proceed with the arraignment, citing the need to uphold Bello’s fundamental right to fair hearing. He expressed concern over the short notice given to the defendant, who claimed to have only learned of the arraignment late on the previous night.
The judge directed the court’s registrar to issue a hearing notice to Bello’s lawyers to ensure their attendance at the next court session. Additionally, he ordered that the former governor remain in EFCC custody until the adjourned date.
Months of Evasion and Legal Maneuvering
The case has been fraught with delays and controversy. In April, Justice Nwite issued a warrant for Bello’s arrest after repeated failures to appear in court. Efforts by EFCC operatives to execute the warrant were reportedly obstructed by Kogi State Governor Ahmed Ododo, who allegedly facilitated Bello’s escape in an official vehicle.
Following months of evasion, Bello voluntarily surrendered to the EFCC last Tuesday. He was subsequently docked before a High Court of the Federal Capital Territory, where he pleaded not guilty and was remanded in custody.
The Allegations Against Bello
The EFCC accuses Bello of converting ₦80.2 billion in Kogi State funds for personal use during his tenure as governor. The alleged crimes date back to September 2015, although Bello’s defense team has pointed out inconsistencies in the timeline, arguing that he had not yet assumed office at that time.
In addition to Bello, the case implicates several others, including Abdulsalami Hud, the Kogi State Government House Cashier, who is reportedly at large. Two co-defendants, Ali Bello and Dauda Suleiman, also face charges in connection with the alleged fraud.
Next Steps in the Legal Battle
Although the case was initially set for January 21, 2025, the EFCC successfully petitioned for an earlier date, citing the gravity of the charges. The upcoming arraignment on December 13 is expected to set the stage for what could be a lengthy legal battle, as both the prosecution and defense prepare to present their cases.
Bello, who has consistently denied the allegations, faces mounting pressure as the court seeks to expedite proceedings. However, the former governor’s request for fair representation underscores the complexity of balancing swift justice with due process.
The adjournment of Yahaya Bello’s arraignment reflects ongoing challenges in prosecuting high-profile corruption cases in Nigeria. As the legal drama unfolds, the case serves as a critical test of the nation’s commitment to transparency, accountability, and the rule of law. The December 13 hearing will likely be a pivotal moment in determining the trajectory of this landmark case.
