The legal team of Yahaya Bello has said that the former Governor of Kogi State is ready to attend court sessions to answer the 19-count charge filed against him by the Economic and Financial Crimes Commission (EFCC).
His lawyer, Adeola Adedipe (SAN), however, told a Federal High Court in Abuja on Tuesday that Bello is afraid of being arrested when he appears in court.
Adedipe further told the court that Bello would have attended the proceedings himself but is apprehensive about a pending arrest order. He prayed the court to vacate the arrest warrant order issued against Bello on April 17.
Adedipe made the application following an order by Justice Emeka Nwite, directing the EFCC to effect the service of the charge and proof of evidence on the ex-governor’s lead counsel, Abdulwahab Mohammed (SAN).
Justice Nwite had earlier ordered EFCC’s lawyer Kemi Pinheiro (SAN) to serve Mohammed, the lead counsel to Bello, with bundles of the charge and the proof of evidence in a ruling on Tuesday.
The judge, relying on provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA), held that Mohammed, who announced an unconditional appearance for the defendant, should receive the charge.
However, shortly after the ruling, Adedipe argued that the arrest warrant order, having been made before the charge, ought to be set aside suo motu (on its own accord, without any request by the parties involved).
The senior lawyer argued that contrary to Pinheiro’s submission that the ex-governor must be in court first before any application could be entertained being a criminal case, he said the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it
According to him, the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on April 17, and today, my noble lord granted it.
“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.