The Economic and Financial Crimes Commission (EFCC) on October 30, 2024, requested that Justice Emeka Nwite of the Federal High Court, Abuja, proceed with the trial of former Kogi State Governor Yahaya Bello in absentia. The EFCC argued that Bello’s repeated failure to appear for arraignment should not delay his prosecution.
Kemi Pinheiro, SAN, the EFCC’s lead counsel, urged the court to enter a “not guilty” plea on Bello’s behalf. Bello faces a 19-count charge involving N80.2 billion in alleged money laundering, with six previous court summons for arraignment unmet. Pinheiro described Bello’s absence as intentional and warned that halting the trial would undermine the rule of law.
“A criminal trial must not be held hostage or frustrated by a defendant’s refusal to appear. Justice serves the defendant, the prosecution, and society,” Pinheiro stated. He also cited Section 276 of the Administration of Criminal Justice Act (ACJA), asserting that physical presence is not essential for arraignment and that a plea can be entered by the court.
The defense, represented by Michael Adoyi, countered that the application contradicted a prior court order mandating the defendant’s presence before any further motions. Adoyi argued that the EFCC’s motion disregarded the court’s directive.
After hearing both arguments, Justice Nwite noted that a ruling would be unlikely before the end of the year due to court schedules. The case was adjourned to January 21, 2025, for ruling and arraignment.
