* Gets Oct 30 date for arraignment
The former Governor of Kogi State, Yahaya Bello, has filed an appeal at the Supreme Court seeking to stop the Economic and Financial Crimes Commission (EFCC) from arresting and arranging him over allegations of N80.2billion money laundering.
His counsel, Mr. A.M. Adoyi, disclosed this on Wednesday at the Federal High Court, Abuja, explaining the reasons why his client was not present in court for his scheduled arraignment.
Justice Emeka Nwite ordered Bello to appear on September 25 (today) to be arraigned and take his plea on the charges against him.
The court was also set to hear a feedback on a letter by the former governor, to the Chief Judge of the Federation, seeking to be tried in Kogi State.
When the matter was called up on Wednesday, Adoyi informed the court that the issue of arraignment of the defendant was subject matter of an appeal already entered by him at the Supreme Court.
He drew the attention of the court to an affidavit of record to that effect, filed on September 23.
He said: “The appeal number is SC/CR/847/2024 and SC/CR/848/2024, on this note, the most appropriate thing to do is to await the decision of the Supreme Court in the appeal before taking any step for arraignment so as not to render the appellant’s appeal null or to pull the rug out of the feet of the Supreme Court,”
However, Kemi Pinheiro (SAN), representing the EFCC, frowned at the way the defense team was proceeding on their case and reminded the court of the judgment of the Court of Appeal on the same issue.
He said: “An appeal the defendant filed at the court of appeal disputing the mode of service of the charge and proof of evidence on their counsel was dismissed by the Court of Appeal on the 28th of August this year.
“The Court of Appeal said the mode of service was good and proper service. The appellant shall not take any further step until he submits himself. But they took another step.
“Now they have three applications on this – two before your lordship and one before the Supreme Court. I will now urge your lordship to demonstrate audacity of coercive power on him,” he said.
Bello’s counsel, however, argued that the arraignment “is subject to an appeal by the defendant at the Supreme Court.”
He further urged: “In the interest of justice, we should await the decision of the Supreme Court on the issue.”
Justice Emeka Nwite, after listening to arguments by counsel, said he would have to decide the issues raised in one way or the other.
He subsequently adjourned the matter to October 30 for ruling and arraignment.