EFCC seeks Yahaya Bello’s trial in absentia, court adjourns for ruling

The Economic and Financial Crimes Commission (EFCC) on Wednesday urged the Federal High Court in Abuja to order the trial of former Kogi State Governor Yahaya Bello in absentia.

Mr Bello, who is facing 19 counts of money laundering allegedly involving N80.2billion in Kogi State’s funds, has repeatedly shunned court summons since April when he first scheduled to appear for arraignment.

Wednesday made the eighth court session Mr Bello has snubbed since then.

His defence team cited the appeals the former governor recently filed at the Supreme Court as the reason for his absence from the previous proceedings on 25 September.

Urging the trial judge, Emeka Nwite, to order his trial in absentia, EFCC’s prosecuting lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), argued that the former governor’s non-appearance for arraignment should not be allowed to frustrate his trial.

According to an EFCC press statement shared with PREMIUM IMES, Mr Pinheiroalso urged the court to enter a plea of “not guilty” on behalf of Mr Bello to kickstart the trial.

He said under Section 276 of the Administration of Criminal Justice Act, a defendant’s physical presence in court is not an absolute requirement for arraignment. “The right to plead guilty or not guilty is a right that can be waived by the defendant,” adding that Mr Bello’s absence should not impede the case.

“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, notwithstanding his physical absence, trial can proceed.

“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation would still be the same. The entry of a plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations”, the prosecutor said.

Mr Pinheiro told the court that the former governor’s refusal to appear for his arraignment was malicious and urged the court not to surrender to helplessness by not trying him in absentia.

“A court can never demonstrate helplessness. That would be an indication of anarchy and society is based on the rule of law. The court demonstrating helplessness will negate the basis of the rule of law,” he said.

Arguing further, the EFCC’s lawyer reminded the court that a defendant’s refusal to engage the court’s processes should not frustrate his trial, maintaining that justice is a three-way mechanism. “A criminal trial must not be held hostage, truncated or frustrated by a defendant’s refusal to engage the process. Justice is a three-way street: justice to the defendant, justice to the prosecution who has assembled witnesses and justice to the society.”

Defence team reacts, judge adjourns for ruling

Defence lawyer, Michael Adoyi, opposed the prosecution’s application, citing a previous court order requiring the defendant’s presence before any applications could be entertained.

“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant,” he said.

However, EFCC, Mr Pinheiro urged the court to reject the defence’s position and proceed to take the defendant’s plea in absentia.

He assured that it would not infringe on the defendant’s rights and fairness in the case..

After listening to both parties, adjourned for ruling, but said, “It may not be possible to deliver this ruling this year.”

Mr Pinheiro proposed that the matter be adjourned for ruling and arraignment.

The judge granted the judge’s request and fixed 21 January 2025.

Bello’s legal troubles

Beyond the Federal High Court money laundering case, Mr Bello is up against another corruption case before the Federal Capital Territory (FCT) High Court, where he has also snubbed summons over N110 billion fraud charges.

On 24 October, Mr Bello refused to appear before FCT High Court in disregard of the summons issued by the trial judge Maryanne Anenih, on 3 October.

She also granted the EFCC permission for substituted service of the charges and accompanying documents in lieu of personally serving them on the defendant.

The EFCC filed the fraud charges involving an alleged N110 billion in Kogi State government funds on 25 September, while still scrambling to arraign Mr Bello in the separate N80.2 billion money laundering case before the Federal High Court in Abuja.

At the FCT High Court, the EFCC charged Mr Bello alongside two others – Umar Oricha and Abdulsalami Hudu.

The 16 counts alleged in the case centre on allegations of criminal breach of trust involving alleged diversion of more than N110 billion entrusted in Mr Bello’s care as Kogi State governor. The anti-graft agency said Mr Bello and his co-defendants diverted this fund in 2016, his first year in office.

Following Mr Bello’s absence from court on Thursday, Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN), pleaded with the judge, Mrs Anenih, to adjourn the case until the time when the summons she issued to the former governor elapses on 14 November. The judge granted the request.