The Federal High Court in Abuja on Friday rejected a request by a former governor of Kogi State Yahaya Bello to stop his trial in an N80 billion fraud case.

Mr Bello urged the judge, Emeka Nwite, to stay his trial, citing a pending appeal filed by the Economic and Financial Crimes Commission (EFCC) concerning contempt proceedings against its head, Ola Olukoyede.

But, in his ruling on Mr Bello’s application on Friday, the judge said, “The application cannot be entertained unless the defendant is present in the court. In the absence of the defendant in court, the motion on notice filed by the complainant can only be conducted if the defendant is in court.”

Coming hard on Mr Bello and his lawyer, the judge said the former governor was trying to undermine the judicial process by choosing to stay away from court in flagrant disregard of court orders.

"You are the one who is misleading the defendant. What is your fear? How many people have you heard that the EFCC killed? The EFCC is a law-abiding agency. Is your client the only past governor that has been invited by the EFCC? Bring him to court and I will entertain your applications,” the judge said.

Bello surrenders

Following the court’s refusal to halt his trial, Mr Bello has pledged to turn himself in for arraignment.

The former governor’s lawyer, Abdulwahab Mohammed, undertook to provide his client before the court on 13 June for arraignment.

Mr Mohammed, a Senior Advocate of Nigeria (SAN), said he gave the undertaking because the court rejected Mr Bello’s request to stay proceedings in the suit instituted by the EFCC.

The defence lawyer argued that Mr Bello had no intention to undermine the court’s authority but was concerned about his safety in EFCC custody.

"All my client needs is just an assurance for the safety of his life which has been under threat for some time in Abuja,” Mr Mohammed told the judge.

He requested four weeks to produce the former governor before the court.

EFCC lawyer, Rotimi Oyedepo, a SAN, did not object to Mr Mohammed’s request on behalf of his client.

Thereafter, the judge adjourned the suit until 13 June for Mr Bello’s arraignment.

On 17 April, the court issued a warrant of arrest against Mr Bello, but his lawyer Mr Mohammed, argued that another court in Kogi State had restrained EFCC from arresting or detaining the former governor.

On 18 April, Mr Bello’s scheduled arraignment before Mr Nwite in Abuja was stalled due to the defendant’s absence from court.

Mr Bello, 48, who left office as governor on 27 January, faces 19 counts of money laundering at the Federal High Court in Abuja.

The anti-graft agency has since declared Mr Bello wanted, while the Nigeria Immigration Service put the former governor on its watchlist.

Mr Bello, 48, who left office as governor on 27 January, faces 19 counts of money laundering at the Federal High Court in Abuja.

In the charges, EFCC accused him, his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu (said to still be at large) of conspiring to convert the total sum of N80 billion public funds to personal use in February 2016.

The commission alleged that Mr Bello and others “reasonably ought to have known” that the money “forms part of the proceeds of your unlawful activity” – criminal breach of trust.

EFCC also alleged in another count that Mr Bello, between 26 July 2021 and 6 April 2022, in Abuja, aided a firm, E-Traders International Limited, to conceal the aggregate sum of over N3 billion (N3,081,804,654) in account number 1451458080 domiciled in Access Bank Plc.

Culled from Premium Times Nigeria