The court adjourns Yahaya Bello's money laundering case until January 21 for judgment or arraignment

The Federal High Court in Abuja has postponed further hearings in the money laundering case against Yahaya Bello, the former governor of Kogi State, until January 21, 2025. The Economic and Financial Crimes Commission (EFCC) has accused Bello of money laundering, with prosecution measures. led by Senior Advocate of Nigeria (SAN) Kemi Pinheiro.

During Wednesday’s hearing, Pinheiro informed Judge Emeka Nwite of his intention to enter a plea of “not guilty” on Bello’s behalf even in his absence, citing Section 276 of the Criminal Justice Administration Act (ACJA).

“My first request is to formally enter a plea of not guilty against the accused even in his absence. The second point is that, despite its physical absence, it is fully consistent with section 276 of the ACJA. It flows from that note, my lord, it is a humble request that we call the first witness,” he stated.

Pinheiro, SAN, in defending his request to enter a plea of innocence for the defendant, said: “The right to plead guilty or not guilty is a right that the defendant can waive. My lord must assume that the defendant has exercised that right. What prejudice will the accused suffer if my lord pleads guilty or not guilty in his absence? Even if he were to appear in court and plead not guilty, the situation will still be the same.

He added: “Your Lordship’s plea of not guilty is an invitation to the prosecution to come and prove the veracity of the charges.”

However, Michael Adoyi, who represented Bello, opposed the request, arguing that the prosecutor’s request violated an earlier court order that required the physical presence of the suspect for entering a plea.

“Our first point of response to the request of the learned senior counsel to the complainant is that the request is contrary to the existing order of this honorable court even passed this morning – that no request can be entertained by this court in the failure to bring the suspect to trial. “The prosecution has severally stated that the court cannot prove helplessness. The court cannot show any helplessness in any proceedings and if there is any helplessness at all in these proceedings, that helplessness is shown by the prosecution,” he said, arguing that in a criminal trial the court is immune and distinct from the prosecutor.

Citing judgments of the Supreme Court on similar matters, he said: “The application filed this morning by the learned senior counsel for the complainant is a dangerous invitation to this honorable court to assist the complainant in discharging his duty to to bring the suspect to court. arraignment and subsequent trial.” He argued that a civil proceeding is different from a criminal proceeding.

Counsel for the accused noted that the prosecution’s request could not be anchored on any of the provisions of the ACJA, 2015 that he had cited because “those provisions do not excuse the need for physical presence of the accused. In view of this, we urge my lord to refuse the senior counsel’s request to the complainant,” he said.

However, counsel for the prosecution told the court to reject Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the accused.

Judge Nwite acknowledged the complexity of the situation, noting that a ruling may not be achievable within a year as he is currently serving as a vacation judge. Both lawyers then agreed to reconvene on January 21 for a ruling on the EFCC’s application or Bello’s arraignment.

This postponement follows an earlier hearing on September 25, where Adoyi advised the court to await the Supreme Court’s decision on related appeals to avoid any conflict.

Chioma Kalu