The Federal High Court in Abuja has postponed the next hearing in the money laundering case against former Kogi State Governor Yahaya Bello, filed by the Economic and Financial Crimes Commission (EFCC), to January 21, 2025.
During Wednesday’s session, EFCC’s counsel, Kemi Pinheiro, SAN, informed Justice Emeka Nwite that he had two witnesses ready to testify.
Pinheiro’s primary request was for the court to enter a "not guilty" plea on behalf of Bello, despite the defendant’s absence, citing Section 276 of the Administration of Criminal Justice Act (ACJA) as justification.
"My first application is to enter a not guilty plea on behalf of the defendant, even in his absence. This is in full compliance with Section 276 of ACJA," Pinheiro argued. He further emphasized that such a plea would permit the prosecution to present its case.
However, Michael Adoyi, representing the defense, opposed this application, noting it contradicted a standing order from the judge.
He argued that any application made in the absence of the defendant should not be entertained and contended that criminal proceedings demand the physical presence of the accused.
Adoyi argued, “The prosecution’s application is an improper request for the court to aid in the prosecution’s duties. The court must remain distinct from the prosecution in a criminal trial.”
Pinheiro rebutted, urging the court to dismiss the defense’s arguments and proceed with the not guilty plea entry.
Justice Nwite responded that delivering a ruling within the year may not be feasible, noting his current role as a vacation judge. Consequently, he scheduled January 21, 2025, for either a ruling on the EFCC’s application or arraignment of the defendant.
At the previous hearing on September 25, Adoyi reminded the court of an appeal pending at the Supreme Court concerning the arraignment of Bello (Appeal Numbers SC/CR/847/2024 and SC/CR/848/2024), urging the court to await the Supreme Court’s decision before proceeding further.
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