The Economic and Financial Crimes Commission (EFCC) on Thursday requested the adjournment of the hearing in a new case against the former Governor of Kogi State, Yahaya Bello, and two others, to November 14, 2024.
During the session at the FCT High Court, EFCC counsel Rotimi Oyedepo, SAN, mentioned that the court had previously issued a public summons against the first defendant, Yahaya Bello, directing that the summons be published. He added that the court had also ordered that the charge be posted.
However, Justice Maryann E. Anenih interjected, clarifying that her order only applied to the summons, not the charge.
Oyedepo, referring to the 30-day period specified in the summons, expressed his expectation that the first defendant would appear in court on November 14. He then sought an adjournment to that date for the arraignment of all three defendants.
Counsel for the second defendant, JB Daudu, SAN, objected, noting that the session was scheduled for arraignment, and his client was ready to proceed. He emphasized that each defendant should be treated independently.
"You cannot use someone as a human shield when they are not being held hostage. I disapprove of this practice," Daudu remarked.
Similarly, A.M. Aliyu, SAN, representing the third defendant, supported Daudu’s stance and requested, in the alternative, that the court consider his client's bail application.
Oyedepo countered, stating that bail could not be considered as the charge involved all three defendants collectively, including conspiracy counts. He reaffirmed the need to wait for the first defendant's appearance and pushed for the adjournment to November 14.
Oyedepo also informed the court of an application for the enforcement of the second defendant's fundamental rights, arguing that the oral application for bail could not be taken.
Daudu, however, maintained that this approach contradicted the principles of fair hearing. "His argument is persuasive but doesn’t align with the law. Until an individual appears, they cannot be arraigned? This practice defies logic. It infringes on the defendants' right to fair hearing," he stated.
He further pointed out that the defendants had previously been granted administrative bail by the EFCC, and therefore, granting them bail again should not pose a problem.
Although the judge denied the oral bail application, she instructed the defendants to formally submit written bail applications. The case was subsequently adjourned to November 14 and 20, 2024, for the first defendant’s response to the summons or arraignment.
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