The Federal High Court in Abuja has rescheduled the ruling in the Economic and Financial Crimes Commission’s (EFCC) lawsuit against former Kogi State governor, Yahaya Bello, to May 10.
The adjournment comes in response to a 19-count charge filed against Bello, including allegations of money laundering, breach of trust, and misappropriation of funds amounting to N80.2 billion.
During the previous hearing, Justice Emeka Nwite had postponed the arraignment and ruling after Bello failed to appear in court. Similarly, Bello was absent for his arraignment on Tuesday.
As a result, Justice Nwite instructed the EFCC to serve Bello’s counsel with a copy of the proof of evidence and charge, citing Section 382(4) and (5) of the Administration of Criminal Justice Act, ACJA, 2015. The court ordered that the counsel, who had already made an unconditional appearance for Bello, receive the charge.
Although Abdulwahab Mohammed, a member of Bello’s legal team, initially declined to accept the charge, Justice Nwite insisted that he do so. The court clarified that when personal service on a defendant becomes impractical, the law allows for substituted means of service by handing the charge to the defendant’s counsel or any adult in their household.
Justice Nwite emphasized that the court cannot assume jurisdiction without effective service of the Originating Summons. Service of legal processes on a defendant is crucial to establish jurisdiction. Any decision made without proper service could be vulnerable to appellate challenges.
Adeola Adedipe (SAN), a member of Bello’s legal team, appealed to the court to set aside the arrest warrant issued against his client. Adedipe explained that Bello would have attended court proceedings but was apprehensive about the arrest order. He requested the court to rescind the ex parte order of arrest.
In response, EFCC counsel Kemi Pinheiro (SAN) stated that the arrest warrant could be revoked if Bello appeared in court as required. Pinheiro assured that he would personally request the setting aside of the arrest warrant if Bello committed to attending the next court date.
Adedipe argued that the arrest warrant was issued before the charge was properly served on Bello, as mandated by the law.
Pinheiro urged the court to reject the application unless Bello made himself available for trial. He emphasized that Bello should not be allowed to evade authorities and file multiple applications to vacate the arrest warrant.
After hearing arguments from both sides, Justice Nwite adjourned the case for ruling on May 10.
