Legal Updates

Yahaya Bello’s Absence in Court: Fear of Arrest and Legal Manoeuvring Unveiled

The constitutional validity of the EFCC’s actions is called into question, highlighting the importance of adherence to constitutional protocols in the establishment and operation of government agencies. Throughout the legal proceedings, the presumption of innocence remains paramount, underscoring the need for a thorough and impartial examination of the evidence before reaching any conclusions.

Published

2 weeks ago

April 23, 2024

Stella Charles Akupue

Yahaya Bello, the former Governor of Kogi State, disclosed reasons for his absence during his arraignment before the Federal High Court in Abuja. Though absent, Bello briefed a legal team to represent him, expressing readiness to appear in court if not for the looming threat of arrest.

During the court session, Adeola Adedipe, SAN, part of Bello’s legal team, cited his client’s apprehension over a pending arrest warrant as the primary reason for his absence. Adedipe urged the court to revoke the ex parte arrest warrant, highlighting procedural irregularities in serving the charges against Bello.

Furthermore, Bello’s legal representatives challenged the Economic and Financial Crimes Commission’s (EFCC) legitimacy, alleging that the agency’s establishment bypassed constitutional protocols.

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They contended that the EFCC Act required state Houses of Assembly ratification to become valid, a process allegedly overlooked by the Federal Government.

In response, EFCC’s lawyer, Kemi Pinheiro, SAN, emphasised the necessity of Bello’s physical presence for trial proceedings. Pinheiro argued against revoking the arrest warrant until Bello appears in court, citing procedural requirements outlined in the Administration of Criminal Justice Act (ACJA) of 2015.

The EFCC expressed readiness to discharge the arrest warrant upon Bello’s assurance of attendance at the next hearing. However, they maintained that Bello’s absence was a delaying tactic to thwart the trial’s progress.

The case revolves around allegations of money laundering and property acquisition, both domestically and internationally, by an individual linked to misappropriated public funds.

Despite legal wrangling, the court proceedings underscored the need for Bello’s physical presence to enable the court to assume jurisdiction over pending applications or objections, per the ACJA’s provisions.

The EFCC’s stance reflects its commitment to upholding due process and ensuring accountability in cases of alleged corruption. As the legal battle continues, the case underscores the importance of procedural adherence and the rule of law in combating graft and safeguarding public resources.

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