From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has declined the request by the Economic and Financial Crimes Commission (EFCC) to arraign detained former Kogi state governor, Yahaya Bello on a 19-count charge that borders on alleged N80.2billion fraud.
Justice Emeka Nwite refused the application on the ground that it would amount to a breach of his constitutional right to a fair hearing if arraigned in the absence of his lawyer.
Bello who is currently in the custody of the EFCC was brought to court this morning by operatives of the anti-graft agency.
The immediate past governor was to be docked alongside his nephew, Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, before Justice Emeka Nwite of the Federal High Court in Abuja.
However, drama erupted when the charges were about to be read to him and the Judge, Emeka Nwite discovered that the defendant had no legal representation.
Bello told the court that he got to know about the arraignment late Thursday night and hence, could not reach any of his lawyers.
Although the EFCC represented by Kemi Pinheiro insisted that Bello be arraigned, Justice Nwite refused the request on the ground that such would amount to a breach of Bello’s fundamental rights to a fair hearing.
Justice Nwite said he was mindful of the claim of the defendant that he got to know about the arraignment late yesterday night.
In a brief ruling, Justice Nwite while rejecting the arraignment fixed December 13.
The Judge directed that Bello should be in the EFCC custody till the date.
Justice Nwite also ordered that a hearing notice must be served on Bello’s lawyers to enable their attendance in court.
The judge had on April 17, issued a warrant for the arrest of the former governor following his repeated failure to appear before the court for his arraignment.
Efforts by operatives of the EFCC to execute the arrest order at Bello’s residence in Abuja were allegedly thwarted by the incumbent governor of Kogi State, Ahmed Ododo, who was said to have whisked him away in his official car.
However, after months of hide-and-seek, Bello, last Tuesday, surrendered himself to the anti-graft agency which docked him before a High Court of the Federal Capital Territory on Wednesday.
Justice Maryanne Anenih of the FCT high court had upon the plea of not guilty by the defendant, remanded him in custody of the EFCC.
Meanwhile, though the instant case at the Federal High Court was originally adjourned till January 21, 2025, however, the anti-graft agency persuaded trial Justice Nwite to shorten the date.
The EFCC alleged that the defendants engaged in money laundering, breach of trust and misappropriation of public funds.
Specifically, Bello in the amended case was accused of converting the total sum of N80.2 billion (N80,246,470,089.88) belonging to Kogi State Government to personal use.
An alleged co-conspirator, Abdulsalami Hud (Kogi State Government House Cashier) was described as being at large.
The other two are his co-defendants – Ali Bello and Dauda Suleiman. Mr Fanwo, who served in the just-ended Bello administration, said the count ridiculously stated that the offence took place around September 2015 at a time Mr Bello had yet to assume office. He added the count indicated that Bello was “at large”.