Ex-governor of Kogi State Yahaya Bello failed to show up at the Federal High Court in Abuja on Tuesday for his arraignment on a 19-count charge of money laundering to the tune of N84 billion.
At the beginning of proceedings, the Economic and Financial Crimes Commission (EFCC) notified Justice Emeka Nwite that Bello was not in court.
On April 18, Justice Nwite adjourned for ruling on substituted service of the charge on the former governor, who the EFCC alleged is evading service.
On Tuesday, the judge granted the EFCC permission to serve Bello through his lawyer Abdulwab Mohammed.
The court held that the law was clear that where it became practically impossible to effect personal service of a legal process on a defendant, such could be done through substituted means, by handing same to either his counsel or any adult in his household.
“Service of any process of court on a defendant is fundamental to vest the court with jurisdiction,” Justice Nwite said.
Yahaya Bello should stop running and get a good lawyer — Bayo Onanuga
“The court cannot assume jurisdiction in the absence of effective service of the Originating Summons.
“Any decision reached in the absence of service will be subject to an appellate attack no matter how brilliant the decision reached.
“I therefore make an order for the charge and the proof of evidence to be served on counsel who had unconditionally announced appearance for the defendant.”
The lawyer initially hesitated to accept the charge, he was however compelled to receive it by the court.
