The Economic and Financial Crimes Commission (EFCC) said it is unaware of the planned visit of the former Kogi state Governor, Yahaya Bello, to its head office in Abuja.
Bello is facing charges of money laundering to the tune of N80bn by the EFCC.
A news medium (not THE WHISTLER) had reported that Bello, who has been on the run since April when EFCC operatives attempted to arrest him at his Abuja residence, plans to turn himself in to the anti-graft agency.
But when THE WHISTLER contacted the agency’s spokesperson, Dele Oyewale, he said he is not aware of the former governor’s plan to surrender himself.
“I am not aware of that information,” Oyewale told THE WHISTLER Wednesday.
A 16-count of money laundering offences to the tune of over N110bn has been brought against former Governor Bello.
After Bello repeatedly failed to show up for his arraignment, Justice Maryanne Anenih of the Federal Capital Territory High Court in Maitama ordered that he be served with a hearing notice.
The Federal High Court in October adjourned till January 21, 2025, to rule in an application to commence the trial of the former governor in his absence.
Justice Emeka Nwite adjourned the matter after listening to arguments in the application filed by the Economic and Financial Crimes Commission (EFCC) to proceed with his trial, following the governor’s failure to appear for his arraignment.
At the resumed hearing on October 30, Counsel to the anti-graft agency, Kemi Pinheiro, a Senior Advocate of Nigeria, said he had two witnesses already in court.
He applied to formally enter a plea of not guilty on behalf of the defendant (Bello) in his absence so that the trial could commence.
According to him, his application is in line with Section 276 of The Administration of Criminal Justice Act. (ACJA)
Pinhero had said, “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,” he added.
He sighted various cases in England when defendants evaded arraignment but it did not stop the cases from going on
Lamenting the numerous delays in the case, the senior lawyer said “This is someone that EFCC asked to come and write a statement, he refused, secondly your lordship has given him six opportunities, notwithstanding the undertaking by his lawyers that he will come.
“The court will not be succumbing to the abusive crafts, tricks and plots to bring this trial to a halt, such that witnesses will no longer be available or intimidated from coming, memories will fail, or even die,” he added.
He pleaded with the court to grant the application to avoid setting a dangerous precedence to the country’s criminal jurisprudence.
Bello’s counsel, Michael Adoyi, however opposed the application, saying it was contrary to the rules of the court.
Adoyi said, “The application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning, that no application can be entertained by this court in the absence of the arraignment of the defendant.
“This court cannot demonstrate helplessness in any proceeding. If helplessness exists, it is on the side of the prosecution and not the court.
“The application by is a dangerous invitation to this honourable court, besides, Civil proceeding is different from Criminal proceedings,” he added.
The defendants counsel noted that the prosecution’s application could not be anchored on any of the provisions of ACJA, 2015 that was cited, as “those provisions do not excuse the need for the physical presence of the defendant.”
He therefore urged the court to refuse the application.
Justice Nwite, after listening to arguments from both counsels, adjourned to January 21, 2025, for ruling on the application and/or arraignment.