Yahaya Bello opposes EFCC’s push for in-absentia arraignment

Former Kogi State Governor Yahaya Bello has contested the Economic and Financial Crimes Commission’s (EFCC) application to arraign him in absentia, arguing the move contravenes ongoing legal protections.

The case, presented before Justice Emeka Nwite at the Federal High Court in Abuja, stems from allegations that Bello, along with other accused parties, conspired in 2016 to convert N80.2 billion, allegedly acquired through criminal breach of trust—a violation of Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act of 2011.

During the proceedings, EFCC Senior Advocate Kemi Pinheiro urged the court to allow the arraignment in Bello’s absence, emphasizing that multiple prior sessions were hindered due to unresolved legal disputes lodged by Bello’s counsel in higher courts.

Pinheiro argued that under Section 276 of the Administration of Criminal Justice Act, a plea could be formally entered for the defendant even if absent. He explained that such an entry of “not guilty” would enable the EFCC to present witnesses to substantiate the fraud charges against Bello.

“The defendant’s absence should not prevent the judicial process from advancing. Allowing this will enable us to call witnesses, as we aim to validate the allegations in full compliance with legal standards,” Pinheiro stated, also contending that Bello had “waived his right” to physical presence by his repeated absences.

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Pinheiro maintained that the court’s entry of a not guilty plea would be an invitation to the prosecution to provide the evidence required.

Opposing this, Bello’s counsel, Michael Adoyi, argued that the EFCC’s request violated a standing court order preventing new applications prior to Bello’s formal arraignment. Adoyi expressed concerns that granting the EFCC’s request would improperly involve the court in efforts to locate and compel Bello to attend, terming it a “dangerous invitation” to pursue an absent defendant against legal norms.

Following the presentations, Justice Nwite scheduled a ruling on the matter for January 21, 2025. He noted that the court had remained active through its previous vacation period, indicating its readiness to address procedural questions.

The EFCC previously declared Bello wanted, citing difficulties in locating him, while alleging that the Kogi State government has used its “immunity” powers to shield him.

Additionally, the EFCC has launched another fraud case against Bello in the FCT High Court, with further proceedings pending amidst his unresolved whereabouts and the ongoing jurisdictional disputes in higher courts