The Court of Appeal in Abuja has upheld a ruling by the Federal High Court, Abuja, which restrained former Kogi State Governor, Alhaji Yahaya Bello, from filing any preliminary objections until he has been formally arraigned.
In a unanimous decision delivered by a three-member panel on Tuesday, the appellate court affirmed the decision of the trial court, presided over by Justice Emeka Nwite, which ruled that it would no longer entertain any applications, including the appellant’s preliminary objection challenging the court’s jurisdiction.
Justice Kenneth Amadi, who read the judgement on appeal number CA/ABJ/CV/536 filed by the former governor against the Federal Republic of Nigeria, stated that there “is no dichotomy between pre- and post-arraignment objections.”
He emphasised that the appellant’s preliminary objection could not be considered until after the arraignment.
Consequently, the Court of Appeal dismissed the appellant’s appeal.
The court further noted that the appellant was fully aware of the charges against him, which were widely reported in the media and published by the respondent, yet he refused to appear in court to take his plea. Therefore, the trial court was justified in issuing a warrant for his arrest.
Also, while ruling on the appeal number: CA/ABJ/CV/535/2024 BETWEEN YAHAYA ADOZA BELLO V. FRN, the appellate court dismissed the appellant’s appeal and held that the service of the charge on the appellant’s counsel was valid and proper.
It held that the Administration of Criminal Justice Act (ACJA), 2015, does not provide the manner in which an application for substituted service of the charge should be made.
The court, therefore, upheld the order of substituted service of the charge on the appellant’s counsel.
On the appeal number: CA/ABJ/CV/412/2024 BETWEEN EFCC V. YAHAYA BELLO, the Appeal Court upheld the appeal of the appellant and held that no court has the power, in the guise of enforcement of fundamental rights, to make an order shielding and restraining the EFCC from arresting and/or prosecuting anybody.
The panel held that the order made by the trial High Court in Kogi prejudiced the criminal charge pending at the Federal High Court in Abuja.
The appellate court subsequently ordered the appellant to appear before the Federal High Court, Abuja, to take his plea in Charge No: FHC/ABJ/CR/98/2024 before taking any steps in the matter.
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