In a high-profile legal maneuver, the Economic and Financial Crimes Commission (EFCC) has petitioned a federal high court in Abuja to proceed with the trial of former Kogi State Governor Yahaya Bello in his absence.
The EFCC filed a 19-count charge against Bello in April, accusing him of laundering funds totaling N80 billion, but the case has faced delays due to the former governor’s repeated absences in court for arraignment.
During the proceedings on Wednesday, Kemi Pinheiro, senior counsel representing the EFCC, argued that Bello’s persistent absence was “malicious,” calling on the court to enter a plea of “not guilty” on the defendant’s behalf and to continue the trial regardless.
Pinheiro, ready with two witnesses, emphasized that justice must not be “held hostage” by a defendant’s refusal to engage with the court process.
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He urged the court to prioritize “public interest” over procedural delays, stating, “Justice is a three-way street—justice to the defendant, justice to the prosecution who has assembled witnesses, and justice to the society.”
Pinheiro asserted that Bello’s awareness of the charges was evident through his use of different legal counsel and argued that by deliberately avoiding court, Bello effectively “waived” his right to be present for his arraignment.
According to the EFCC counsel, under section 256(1) of the Administration of Criminal Justice Act (ACJA), the court has grounds to enter a plea in absentia and proceed with the trial.
In response, A.M. Adoyi, Bello’s defense counsel, challenged the prosecution’s request. Adoyi argued that the court’s standing order requires Bello’s physical presence for any applications to be heard, disputing the applicability of section 256(1) in a criminal case.
He maintained that unlike civil cases, criminal proceedings mandate the defendant’s presence. Adoyi further contended that any procedural “helplessness” lies with the prosecution, not the judiciary.
After hearing both sides, Justice Emeka Nwite adjourned the case until January 21, 2025, leaving open questions about whether the trial will move forward in Bello’s absence.