The Economic and Financial Crimes Commission (EFCC) requested the court to enter a plea of "not guilty" on Bello’s behalf to avoid further delay.
Justice Emeka Nwite of the Federal High Court in Abuja has been urged to proceed with the trial of former Kogi State governor, Yahaya Bello, in absentia after his repeated failure to appear in court for his arraignment on charges of money laundering involving N80.2 billion.
The Economic and Financial Crimes Commission (EFCC) requested the court to enter a plea of "not guilty" on Bello’s behalf to avoid further delay.
In a statement on Wednesday, Kemi Pinheiro, SAN, lead counsel for the EFCC, argued that Bello's absence should not obstruct proceedings.
"A court can never demonstrate helplessness. That would be an indication of anarchy and society is based on the rule of law,” Pinheiro said.
“The court demonstrating helplessness will negate the basis of the rule of law,” he said, urging the judge to consider the former governor's refusal to appear as malicious.
Pinheiro further asserted, “A criminal trial must not be held hostage, truncated or frustrated by a defendant’s refusal to engage the process.
“Justice is a three-way street: justice to the defendant, justice to the prosecution who has assembled witnesses, and justice to the society.”
The EFCC contended that under Section 276 of the Administration of Criminal Justice Act (ACJA), Bello’s physical presence is not mandatory for the trial to commence.
“The right to plead guilty or not guilty is a right that can be waived by the defendant,” Pinheiro argued, adding, “My first application is to formally enter a plea of not guilty to the defendant, even in his absence.”
Michael Adoyi, counsel for the defendant, opposed the EFCC’s application, reminding the court of its previous order, which stipulated Bello’s presence before any applications could proceed.
“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 honourable court,” Adoyi stated.
Pinheiro rebuffed this, urging the court to disregard the defence’s position, noting that entering a plea in absentia would not impact the fairness of the trial.
Justice Nwite remarked that a ruling on the application may not be feasible within the current year due to scheduling.
“It may not be possible to deliver this ruling this year,” he said, subsequently adjourning the case to January 21, 2025.
The statement reads in part, “The Economic and Financial Crimes Commission, EFCC, on Wednesday October 30, 2024 asked Justice Emeka Nwite of the Federal High Court sitting in Maitama, Abuja, to proceed with the trial of a former governor of Kogi State, Yahaya Bello in absentia, arguing that his non-appearance in court for arraignment should not be allowed to frustrate his trial.
“Bello is facing trial on 19-count charges bordering on money laundering to the tune of N80.2billion. The court had summoned him for arraignment six consecutive times.”