The Court of Appeal in Abuja has affirmed that ex-governor of Kogi State Yahaya Bello’s preliminary objection will not be heard until he is arraigned.
Ruling on Tuesday, a three-member panel held that the trial court presided over by Justice Emeka Nwite was right when it ruled that it would no longer entertain any application, including the appellant’s preliminary objection challenging its jurisdiction.
There “is no dichotomy between pre and post arraignment objection,” Justice Kenneth Amadi, who read the judgment, said.
The Court of Appeal held that the appellant having been aware of his charge on the media space and same published by the respondent but refused to appear to take his plea; the trial court was right in issuing his warrant of arrest.
The court, therefore, upheld the order of substituted service of the charge on the appellant’s counsel.
The panel held that the order made by the trial High Court in Kogi prejudiced the criminal charge pending at the Federal High Court in Abuja.
The appellate court subsequently ordered the appellant to appear before the Federal High Court, Abuja to take his plea before taking any step in the matter.
