The Federal High Court in Abuja has postponed the planned arraignment of Alhaji Yahaya Bello, the former Governor of Kogi State, until June 27, due to the absence of the lead counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Kemi Pinhero, SAN. Here are the key details from the court proceedings:
1. **Reason for Adjournment**: The arraignment was deferred because Mr. Kemi Pinhero, SAN, who was supposed to lead the EFCC’s legal team, notified the defense lawyers that he couldn’t attend court. Consequently, a new date was requested for the defendant to enter his plea to the 19-count charge brought against him by the EFCC.
2. **Court Proceedings**: During the proceedings, another senior prosecutor from the EFCC, Mr. Rotimi Oyedepo, SAN, appeared in court and expressed readiness to proceed with the case. However, the defense counsel, Mr. Adeola Adedipe, SAN, reminded the court that there was an earlier agreement among the parties to adjourn the matter, which was based on the prosecution’s request.
3. **Legal Arguments**: Mr. Adedipe argued that under Section 266 of the Administration of Criminal Justice Act (ACJA), 2015, the presence of the defendant in court was not mandatory when the purpose of the proceeding was to fix a new date. He clarified that the absence of Alhaji Yahaya Bello was in accordance with the agreement reached earlier.
4. **Court Decision**: After hearing arguments from both sides, Justice Emeka Nwite agreed to postpone the arraignment to June 27, respecting the request for a later date made by the prosecution.
5. **Background of the Case**: Alhaji Yahaya Bello is facing charges related to money laundering, breach of trust, and misappropriation of public funds amounting to approximately N80.2 billion during his tenure as the Governor of Kogi State.
6. **Legal Actions**: Despite previously failing to appear in court for his arraignment, Alhaji Yahaya Bello had instructed his lawyers to file an application to set aside an arrest warrant issued against him. He also challenged the jurisdiction of the court, arguing that the EFCC’s actions contravened a previous judgment of a High Court in Kogi State.
7. **Court’s Position**: While the court declined to vacate the arrest warrant in a previous ruling on May 10, it provided an opportunity for Alhaji Yahaya Bello to voluntarily present himself for arraignment.
In conclusion, the case against Alhaji Yahaya Bello has seen procedural delays and legal maneuvers, with the court now rescheduling his arraignment for later in June, pending his appearance or further legal actions.