Bello had sought a stay of proceedings and stalling of his arraignment in the alleged N80.2 billion money laundering charge instituted against him by the Economic and Financial Crimes Commission.
Justice Emeka Nwite of the Federal High Court in Abuja on Wednesday turned down an application by a former governor of Kogi State, Yahaya Bello, stop his prosecution.
Bello had sought a stay of proceedings and stalling of his arraignment in the alleged N80.2 billion money laundering charge instituted against him by the Economic and Financial Crimes Commission.
At the resumed session of the court on Wednesday, Mohammed tried frantically to persuade the court to allow stay of proceedings arguing that appeals have been entered at the Court of Appeal, Abuja Division.
Both prosecution and defence counsels held the court in fiery arguments over the ruling.
Pinheiro submitted that Bello’s lawyers were only trying to “arrest” the ruling meant for Wednesday on their failed undertakings to produce their client for arraignment.
He cited several authorities to establish the fact that since the matter brought before the appellate court had not been determined, the trial court should not halt proceedings on the matter before it.
Ruling on the EFCC’s application to hold Mohammed and Adedipe for contempt of the court in view of their failure to honour the undertakings they made to produce the former governor for arraignment, Justice Nwite asked the LPDC to investigate the two senior lawyers for professional misconduct.
He had asked that the case be adjourned indefinitely pending the determination of an appeal he had filed.
The appeal is pending at the Court of Appeal, Abuja.
In the appeal, Bello, through his lawyers, Musa Yakubu (SAN) & Co, is seeking the setting aside of the Warrant of Arrest issued against him on April 17, 2024, as well as return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
According to the News Agency of Nigeria (NAN), the appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024. The former governor is also seeking an order of the Appeal Court, setting aside service of the EFCC charge on him by substituted means, including the entire proceedings already conducted in the case.
In a letter to Justice Emeka Nwite, dated July 12, 2024, counsel for Bello, Musa Yakubu (SAN) requested that further proceedings in the charge be adjourned sine die pending the determination of the appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
The letter, a copy of which was sent to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024 and filed on the July 10, 2024, according to information from the court registry.
In the letter, the EFCC requested for a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the controversial warrant of arrest and other related pronouncements of the trial Court.