Court refuses EFCC’s request to arraign Yahaya Bello without defence lawyers

Yahaya Bello

The Federal High Court in Abuja has postponed the arraignment of the immediate past governor of Kogi State Yahaya Bello on charges of alleged involvement in an N80.2 billion fraud.

The delay occurred due to the absence of his legal counsel.

Bello, who was scheduled to be arraigned on Friday, appeared before Justice Emeka Nwite to face a 19-count charge filed by the Economic and Financial Crimes Commission (EFCC). However, none of his lawyers were present in court.

EFCC counsel Kemi Pinheiro urged the court to proceed with the arraignment, citing provisions of the Administration of Criminal Justice Act (ACJA) that require the physical presence of the defendant, not necessarily their lawyers, for a plea to be entered.

When asked why his legal team was absent, Bello stated that he was informed of the rescheduled hearing late Thursday.

He expressed doubts that his lawyers were aware of the change as the case had previously been adjourned to January 21, 2025.

Justice Nwite ruled that it would be unfair to compel Bello to enter his plea without his legal representation as doing so would violate his right to a fair hearing.

“It would have been different if the defendant had no lawyer representing him,” the judge said.

He directed that hearing notices be served on Bello’s lawyers and adjourned the matter to December 13, 2024, to allow both parties to address the court on whether the earlier adjournment date should be maintained.