The EFCC has urged Justice Emeka Nwite of the Federal High Court in Abuja to proceed with the trial of former Kogi State governor, Yahaya Bello, in absentia following his repeated failure to appear in court for his arraignment on charges of money laundering involving N80.2 billion.
The Economic and Financial Crimes Commission (EFCC) requested the court to enter a plea of “not guilty” on Bello’s behalf to avoid further delay.
In a statement on Wednesday, Kemi Pinheiro, SAN, lead counsel for the EFCC, argued that Bello’s absence should not obstruct proceedings.
“A court can never demonstrate helplessness. That would be an indication of anarchy and society is based on the rule of law,” Pinheiro said.
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“The court demonstrating helplessness will negate the basis of the rule of law,” he said, urging the judge to consider the former governor’s refusal to appear as malicious.
The statement reads partly, “The Economic and Financial Crimes Commission, EFCC, on Wednesday October 30, 2024 asked Justice Emeka Nwite of the Federal High Court sitting in Maitama, Abuja, to proceed with the trial of a former governor of Kogi State, Yahaya Bello in absentia, arguing that his non-appearance in court for arraignment should not be allowed to frustrate his trial.”
The EFCC contended that under Section 276 of the Administration of Criminal Justice Act (ACJA), Bello’s physical presence is not mandatory for the trial to commence.
“The right to plead guilty or not guilty is a right that can be waived by the defendant,” Pinheiro argued, adding, “My first application is to formally enter a plea of not guilty to the defendant, even in his absence.”
Justice Nwite however, remarked that a ruling on the application may not be feasible within the current year due to scheduling.
“It may not be possible to deliver this ruling this year,” he said, subsequently adjourning the case to January 21, 2025.
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