Even if my arrest order was issued in error, you must appear in court, Judge tells Ex-Gov Yahaya Bello

Justice  Emeka Nwite of the Federal High Court, Abuja, on Friday, granted the application by the Economic and Financial Crimes Commission (EFCC) for the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court to take his plea before any of his application can be heard.

Nwite reiterated in a ruling that an applicant or defendant who willfully disobeys the orders of a court of competent jurisdiction is not entitled to be heard by the court.

The judge while holding that, even if his orders were issued in error, “the humble thing for him to do is to make himself available in court”.

It would be recalled that the court had, in a ruling on April 23, ordered the service of the charge containing money laundering allegations against Bello, on his lawyer, AbdulWahab Mohammed (SAN) on grounds that the lawyer, having appeared for him in the last proceedings, is a proper person to receive the charge on behalf of the former governor.

Shortly after Mohammed accepted service, EFCC’s lawyer, Dr Kemi Pinheiro (SAN) called for the arraignment of Bello, but was opposed by Bello’s lawyer who prayed the court to discountenance the request, adding that the arrest warrant must first be set aside before arraignment.

According to Mr Adeola Adedipe (SAN), when the court granted the exparte, the charge has not been served, adding that the court ought to, on its own vacate the warrant order, following the service of the charge.

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued and added that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

He therefore asked the judge to vacate the arrest warrant against the former governor.

But, Pinheiro opposed the application and added that before the arrest warrant can be vacated, the former governor must be arraigned and his plea taken in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

After taking submissions from parties Justice Nwite fixed May 10, for ruling.

Delivering the ruling, the judge agreed with the argument of the EFCC and held that the order of the court subsists until it is set aside, even if there is irregularity.

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court, saying, “Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court. Bello should come to court on his own not through EFCC for arraignment on the next adjourn date”.

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9, praying the court to stay further hearing of the alleged money laundering charge filed against Bello until the Court of Appeal decides a pending case relating to same matter.

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

He said the appellate court had already fixed May 20 to hear the case and that, it would be important  for the Federal High Court, Abuja to await the outcome before going further with the trial.

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

In a short ruling, Justice Nwite refused Mohammed’s application, saying that the matter had generated unnecessary controversy.

But Mohammed responded that the former governor was not afraid to come to court but was only afraid your his life.

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves,” he said.

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said, adding that provided his client would not be abducted by the anti-graft agency, he assured that efforts would be made to contact the ex-governor to appear in court in the next adjourned date.

Justice Nwite consequently adjourned the matter till June 13, 2024 for arraignment.

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