EFCC moves to try Yahaya Bello in absentia over alleged N80bn fraud

EFCC moves to try Yahaya Bello in absentia over alleged N80bn fraud

The Economic and Financial Crimes Commission (EFCC) has
asked a federal high court in Abuja to commence the trial of Yahaya Bello,
former Kogi state governor, in his absence.

 

After filing a 19-count charge, the EFCC has been seeking to
arraign Bello since April, over allegations bordering on money laundering to
the tune of N80 billion.

 

On Wednesday, Kemi Pinheiro, counsel to EFCC, told the court
he had two witnesses present and was ready to proceed with trial.

 

He said Bello’s refusal to come to court physically for his
arraignment was “malicious”.

 

He asked the court to enter a plea of not guilty in the
absence of the defendant.

 

“A court can never demonstrate helplessness. That would be
an indication of anarchy and society is based on the rule of law. The court
demonstrating helplessness will negate the basis of the rule of law,” Pinheiro
said.

 

“A criminal trial must not be held hostage, truncated or
frustrated by a defendant’s refusal to engage the process. Justice is a
three-way street—justice to the defendant, justice to the prosecution who has
assembled witnesses and justice to the society.

 

 “My lord must give
preference to public interest.”

 

The senior lawyer added that the preliminary objection and
representation by different counsel prove that Bello is aware of the charge
against him.

 

“Where a defendant acts maliciously by refusing to come and
enter his plea to answer to the charge, my lord is mandated by sec 256(1) to
formally enter a plea of not guilty and proceed with trial,” he said.

 

“The deliberate flouting of the court of appeal order to
present himself for arraignment is a call to plea.

 

“Consequently, the non-attendance of the defendant is
tantamount to a deliberate refusal to plea.

 

“The constitutional right to be physically present to plead
guilty or not guilty is a right that can be waved by that defendant.

 

“My lord is invited to hold that the defendant has waived
that right.”

 

Responding, A.M Adoyi, Bello’s lawyer, asked the court to
discountenance the submissions of the senior counsel.

 

 “Our first point of
response to the application made by the learned senior counsel to the
complainant is that the application is made contrary to the subsisting order of
this honourable court, even made this morning, that no application can be
entertained by this court in the absence of the arraignment of the defendant,”
he said.

 

“If helplessness is existent in this proceedings, it is on
the side of the prosecution and not the court.

 

 “The section of ACJA
applicable in this circumstance is the provision of sec 352(1)(2).

 

“Civil proceedings are distinct from criminal proceedings.
Whereas the former does not require the presence of a party, the latter
mandates the physical presence of the defendant before the commencement of
trial.

 

 “The prosecution’s
applications cannot be anchored on any of the provisions of ACJA they seek to
rely on.”

 

After listening to all lawyers, Emeka Nwite, presiding
judge, adjourned to January 21, 2025.

 

Source: EFCC moves to try Yahaya Bello in absentia over alleged N80bn fraud

 - NigerianEye

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