Yahaya Bello, the former governor of Kogi State, failed to appear before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, which impeded the commencement of his arraignment by the Economic and Financial Crimes Commission (EFCC).
Bello was scheduled for arraignment alongside Ali Bello, Dauda Suleiman, and Abdulsalam Hudu on 19 counts of charges related to money laundering amounting to N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand, and Eighty-nine Naira, Eighty-eight Kobo).
One of the charges, as outlined in count one, asserts that Bello and his associates conspired to convert a substantial sum of money, which they reasonably ought to have known was derived from unlawful activities, thereby violating Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.
Another charge, highlighted in count 17, accuses Bello of aiding E-Traders International Limited to conceal funds in an account domiciled in Access Bank Plc, amounting to N3,081,804,654.00 (Three Billion, Eighty-one Million, Eight Hundred and Four Thousand, Six Hundred and Fifty-four Naira), an act constituting an offense under Section 18(a), 15(2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended.
Furthermore, count 18 alleges that Bello indirectly facilitated the transfer of $570,330.00 (Five Hundred and Seventy Thousand, Three Hundred and Thirty Dollars) to an account in TD Bank, United States of America, which he should have reasonably known to be proceeds of unlawful activity, contravening Section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended.
The failure of Yahaya Bello to appear for arraignment followed a warrant of arrest issued by the court on Wednesday, April 17, 2024, at the behest of the EFCC.
Prosecution counsel, Kemi Pinheiro (SAN), expressed regret over the thwarted attempt to serve the defendant with the charges and a court order of arrest, citing interference by a person claiming immunity. Pinheiro stressed the obligation of all individuals to adhere to court orders as per Section 287 of the constitution, and highlighted provisions under Section 12 of the Administration of Criminal Justice Act (ACJA), which empower law enforcement agencies to enforce court orders.
Pinheiro assured that all legal avenues would be pursued to ensure Bello’s appearance in court for arraignment. However, Bello’s counsel, Abdulwahab Muhammed (SAN), declined to accept the charges on behalf of his client, citing the need to await the outcome of pending legal matters, including an appeal against a High Court order restraining the EFCC from arresting and prosecuting Bello, as well as a jurisdictional challenge to the court.
Pinheiro contended that serving the defendant through his counsel was both legal and constitutional, particularly as Muhammed had presented himself unconditionally as Bello’s representative in court.
The judge adjourned the proceedings until Tuesday, April 23, 2024, to rule on whether the prosecution could serve the defendant through his lawyer for arraignment
