Yahaya Bello: Court Refuses EFCC's Request for Absentia Arraignment

Court Rejects EFCC's Request to Arraign Yahaya Bello Without Lawyers

“It would have been different if the defendant had no lawyer representing him...”

The arraignment of Yahaya Bello, former Kogi State Governor, has been stalled due to the absence of his lawyers. Get the latest updates on the case.

The Federal High Court in Abuja made a significant decision on November 29, refusing the Economic and Financial Crimes Commission's (EFCC) request to arraign Yahaya Bello, the immediate past Governor of Kogi State, without his legal team present. Bello was set to face a new 19-count charge related to his alleged involvement in an N80.2 billion fraud.

When the case was called, none of Bello's lawyers were in attendance, prompting EFCC's counsel, Kemi Pinheiro, SAN, to urge the court to proceed with Bello's plea despite the absence of his legal team. However, the court declined the request, ensuring that Bello's rights are protected and that he has adequate representation throughout the proceedings.

Pinheiro, citing sections 271, 277, and 396 of the Administration of Criminal Justice Act, 2015, argued that the law only requires the defendant's physical presence for arraignment, not their lawyers. However, this argument was not enough to sway Justice Emeka Nwite, who refused to proceed with the arraignment without Bello's legal representation.

Bello explained that he had only learned of the proceedings late on Thursday, November 28, and suspected that his lawyers might not have been aware of the accelerated schedule. The case was originally set to resume on January 21, 2025, but had been brought forward.

Justice Emeka Nwite emphasized that he was unwilling to force Bello to enter a plea without his lawyers present. Notably, Bello had previously failed to appear in court on October 30, prompting the EFCC to request a trial in absentia.

Justice Nwite held that proceeding with the arraignment in the absence of Bello's lawyers would infringe on his constitutional right to a fair hearing.

“It would have been different if the defendant had no lawyer representing him.

“It is therefore my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” Justice Nwite added.

Justice Emeka Nwite has ordered that a hearing notice be served to Yahaya Bello's lawyers, postponing further proceedings until December 13. This delay will allow both parties to discuss whether the original adjournment date should be shortened.

The court also mandated that Bello remain in the custody of the Economic and Financial Crimes Commission (EFCC) until the next hearing. This development comes after Justice Nwite issued an arrest warrant for Bello on April 17, due to his repeated failure to appear for his arraignment.

Efforts by the Economic and Financial Crimes Commission (EFCC) to arrest Yahaya Bello at his Abuja residence were reportedly foiled when Kogi State Governor Ahmed Ododo allegedly helped him escape in an official vehicle.

After evading arrest for months, Bello finally surrendered to the EFCC last Tuesday. He was subsequently brought before the High Court of the Federal Capital Territory on Wednesday, where Justice Maryanne Anenih remanded him in EFCC custody after he pleaded not guilty.

Bello was then brought to the Federal High Court on Friday for his arraignment, which was ultimately aborted. He is set to be arraigned alongside his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu. The EFCC has accused the defendants of money laundering, breach of trust, and misappropriation of public funds.