A Federal High Court in Abuja has postponed the hearing in the money laundering case against former Kogi State Governor Yahaya Bello, brought by the Economic and Financial Crimes Commission (EFCC), until January 21, 2025.
During the resumed hearing on Wednesday, EFCC Counsel Kemi Pinheiro, SAN, informed Justice Emeka Nwite that two witnesses were present in court. He stated that his first request was to formally ask the court to enter a plea of not guilty on behalf of the defendant, even in his absence.
“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, notwithstanding his physical absence, it is in full compliance with Section 276 of ACJA.
“Flowing from that entry my lord, it is a humble request that we call the first witness,” he said.
While defending his request to enter a not guilty plea for the defendant, Pinheiro, SAN, remarked, "The right to plead guilty or not guilty is one that can be waived by the defendant."
“My lord should hold that the defendant has waved that right.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same. The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations.”
However, Michael Adoyi, representing the defendant, opposed this, arguing that the prosecution's application was in violation of an existing order from the judge.
“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 honorable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness. The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he stated.
Furthermore, Adoyi contended that in a criminal trial, the court is independent and separate from the prosecution.
Citing Supreme Court verdicts on similar matters, Adoyi said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.”
He also asserted that civil proceedings differ from criminal proceedings.
The defendant's counsel remarked that the prosecution's application could not be grounded in any of the provisions of the ACJA, 2015 that were cited as “those provisions do not excuse the need for physical presence of the defendant.”
“In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant.”
The prosecution counsel urged the court to dismiss Adoyi's arguments and proceed with the ruling on entering a not guilty plea for the defendant.
However, Justice Nwite indicated that delivering the ruling this year might not be feasible.
Pinheiro stated that the matter would involve a ruling and/or the arraignment of the defendant.
Finally, the Judge thereafter adjourned to 21st January, 2025 for ruling on the application by the EFCC and/or arraignment.
At the previous hearing on September 25, the defendant's counsel, A.M. Adoyi, informed the court that the issue of the defendant's arraignment was the subject of an appeal filed with the Supreme Court, identified by Appeal Numbers: “SC/CR/847/2024 and SC/CR/848/2024.”
He argued that the best course of action would be to wait for the Supreme Court's decision on the appeal before proceeding with the arraignment, in order to avoid undermining the Supreme Court's authority.
