The Federal High Court in Abuja deferred its ruling in the case brought by the Economic and Financial Crimes Commission (EFCC) against Yahaya Bello, the former governor of Kogi State, until May 10. Bello faces a 19-count charge related to money laundering, breach of trust, and misappropriation of funds amounting to N80.2 billion. Despite the court’s previous adjournment for arraignment and ruling due to Bello’s absence, he was once again not present for his arraignment on Tuesday.
In response to Bello’s absence, Justice Emeka Nwite instructed the EFCC to serve a copy of the proof of evidence and charge against Bello to his counsel. Citing Section 382(4) and (5) of the Administration of Criminal Justice Act, the judge ordered that Bello’s counsel, who had unconditionally announced appearance for him, receive the service of the charge. Initially reluctant to accept the charge on behalf of his client, Bello’s counsel was eventually directed by the court to receive it.
Justice Nwite emphasized the importance of effective service of legal processes on a defendant to ensure jurisdiction. He highlighted the possibility of using substituted means of service, such as handing the process to the defendant’s counsel or an adult in his household. The court maintained that any decision reached in the absence of proper service would be subject to appellate scrutiny.
A member of Bello’s legal team requested the court to set aside the warrant of arrest issued against their client, citing Bello’s fear of arrest. The EFCC counsel assured that the arrest warrant could be set aside if Bello appeared in court as required. However, Bello’s legal representative argued that the charge had not been served on him at the time the arrest warrant was issued.
After hearing arguments from both sides, Justice Nwite postponed the ruling to May 10. The court’s decision to defer the ruling signifies a continuation of the legal proceedings in the case involving Bello and the EFCC.
