As he covered the distance from the parking lot to the courtroom, Bello’s all smiles – as he turned right and waved with the right hand, and then turned left and waved with the left hand – to acknowledge greetings and cheers from his supporters, many of whom sandwiched him into the court, where he continued to return courtesies even while in the dock to plead not guilty to the charges preferred against him.
Perhaps to Bello, his arraignment was a moment to savour, and bask in the frenzy of journalists and EFCC’s operatives scrambling to capture and record his every posture and every gesture as evidence, and for prime-time broadcast and publication in the mainstream and online media.
A similar scenario played out on November 29, at the Federal High Court in Abuja, where Bello couldn’t take his plea, and had to “stand for himself” in the absence of his lead lawyer in the suit, Abdulwahab Mohammed (SAN).
With well-armed security operatives falling over themselves to dominate the court premises, Bello, with a more somber mien this time, and accompanied by aides, supporters and operatives of the EFCC, still walked briskly into the courtroom, with the door quickly closed behind him.
Once inside, as reported by PUNCH ONLINE, Bello told trial Justice Emeka Nwite that he won’t take any plea, as he’s only made aware of his arraignment in the night of November 28, and couldn’t get across to his lawyer, Mohammed (SAN). This prompted the judge – in the interest of fair hearing – to order that Mohammed be put on notice for the adjourned date of December 13, and for Bello and his co-defendants to be reminded in the EFCC custody.
The EFCC lawyer, Pinheiro (SAN), attempted to convince Justice Nwite to commence the trial without Bello’s counsel, arguing that, “What the law requires is the presence of the defendant, not the presence of his lawyers.”
This was reportedly a rehash of a similar argument at the sitting on October 30, when Pinheiro requested that the court proceed with the trial. Noting that two witnesses were present and ready to testify,” Pinheiro suggested that the “court enter a plea of not guilty on Bello’s behalf and commence the trial.”
But as in that prior instance, the judge turned down Pinheiro’s entreaty on November 29, citing Bello’s right to a fair hearing, and reminding the EFCC lawyer that, at the October court session, the matter was adjourned to January 21, 2025.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s (November 29) date. In the interest of fair hearing, I will not proceed for arraignment,” Justice Nwite said.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel,” the judge added.
After the court waited for 45 minutes, “but with no sign of the defence counsel,” Justice Nwite adjourned the matter, directed that Bello remain in the EFCC custody until the next hearing on December 13, and granted Pinheiro’s application for “new date hearing motions and possible arraignment to be served on the defendant’s counsel.”
As the clock ticks towards December 10 at the FCT High Court, and December 13 at the Federal High Court both in Abuja, will Bello and his co-defendants get a bail reprieve, or be further remanded in the EFCC custody, or sent behind bars at one of Nigeria’s capital city’s jail houses, to spend the Yuletide season there? Such would be a canny experience the ex-governor had fought strenuously for months to avoid!