The Economic and Financial Crimes Commission (EFCC) has petitioned Justice Emeka Nwite of the Federal High Court in Maitama, Abuja, to proceed with the trial of former Kogi State governor, Yahaya Bello, in absentia, arguing that his repeated failure to appear for arraignment should not delay the legal process.
Lead counsel for the EFCC, Kemi Pinheiro, SAN, also requested the court to enter a plea of “not guilty” on Bello’s behalf. The former governor faces a 19-count charge involving N80.2 billion in alleged money laundering. Despite being summoned for arraignment on six occasions, Bello has not appeared in court.
Pinheiro emphasized that Bello’s refusal to appear is deliberate and that the court should avoid being seen as powerless. “A court cannot afford to demonstrate helplessness; this would signal anarchy, undermining the rule of law,” he argued.
The EFCC’s counsel further reminded the court that a defendant’s refusal to engage with court proceedings should not hinder justice. He stressed that “justice is a three-way mechanism: to the defendant, to the prosecution, and to society.” He urged the court to proceed with the trial under Section 276 of the Administration of Criminal Justice Act (ACJA), noting that physical presence is not a strict requirement for arraignment and that a plea can be entered in the defendant’s absence.
“Our primary application is to formally enter a not-guilty plea on the defendant’s behalf, even in his absence,” Pinheiro stated, arguing that this would allow the prosecution to substantiate the allegations.
Defense counsel Michael Adoyi opposed the motion, citing a prior court order mandating the defendant’s presence for any application to proceed. “The application contradicts a standing order issued by this honorable court, which specifies that no application can be considered without the defendant’s arraignment,” Adoyi asserted.
In response, Pinheiro urged the court to dismiss the defense’s objection, assuring that entering a plea in Bello’s absence would not infringe upon his rights or compromise trial fairness.
Justice Nwite acknowledged the arguments from both sides but indicated that a ruling on the matter may be delayed until the following year due to court schedules. The case was subsequently adjourned to January 21, 2025, for a ruling and possible arraignment.
