Alleged Fraud: Court Adjourns Suit Against Ex-Kogi Gov Bello To January 21

Alleged Fraud: Court Adjourns Suit Against Ex-Kogi Gov Bello To January 21

The Economic and Financial Crimes Commission (EFCC) has moved the hearing for the alleged money laundering against the immediate former governor of Kogi State, Yahaya Bello, to January 21, 2025.

At the resumed hearing on Wednesday, Counsel to EFCC, Kemi Pinheiro, told the court that&nbsp, he had two witnesses already in court.

He claimed that his initial request was to formally request that the court enter a not-guilty plea for Bello, even in his absence, as it was in full accordance with section 276 of the Administration of Criminal Justice.

Bello may be asked to waive the defendant’s right to enter a guilty or not guilty plea, according to the EFCC Counsel.

He urged the court to rule that the defendant had reneged on that claim.

Pinheiro added that the court’s entry of an a&nbsp plea of not guilty was an invitation for the prosecution to come in and prove the allegations’ veracity.

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However, Bello’s attorney, Michael Adoyi, objected, claiming that the court cannot consider an application in the absence of the defendant’s arraignment because it was made in contravention of a subsisting order.

The prosecution repeatedly claimed that the court cannot demonstrate helplessness. The prosecution has shown that the court has no way of showing any helplessness in any proceeding, and the court cannot demonstrate that the court has.”

Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.

He cited Supreme Court decisions in similar cases as well, saying that the complaint was made by the complainant’s learned senior counsel this morning as a dangerous invitation to the honorable court to assist the prosecution in carrying out its legal duties of arraigning the defendant before the court for arraignment and subsequent trial.

He claimed that legal proceedings in civil court were distinct from criminal court.

The Defendant’s Counsel noted that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant”.

“In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant”, he said.

Counsel to the EFCC, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the Defendant.

Justice Nwite, however, said it might not be possible to deliver the ruling this year.

Pinheiro claimed that the defendant’s case would require ruling and/or arraignment.

The Judge subsequently adjourned to 21st January 2025 for ruling on the application by the EFCC and/or arraignment.

Justice Nwite had earlier ruled varying his earlier order, &nbsp, excluding Adedipe’s name from the order to face&nbsp, the legal privilege disciplinary committee.

Due to the fact that he had withdrawn his appearance for Bello on June 28, the court had filed a request under section 9 of the federal high court act to change the court’s order.

Bello’s request to stop the proceedings was cited by the court as a violation of the court’s order, which was also affirmed by the court.

Source: Channels TV

 

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