The Economic and Financial Crimes Commission (EFCC) has requested that former Kogi State governor, Yahaya Bello, be tried in absentia. During a session on Wednesday, October 30, 2024, before Justice Emeka Nwite at the Federal High Court in Maitama, Abuja, the EFCC’s lead counsel, Kemi Pinheiro, SAN, argued that Bello’s repeated failure to appear for his arraignment should not be allowed to obstruct the trial.
Bello faces 19 charges of money laundering amounting to N80.2 billion. Despite being summoned six times, he has yet to appear in court. Pinheiro urged the court to enter a “not guilty” plea on Bello’s behalf, arguing that the trial should proceed regardless of his absence.
“The court cannot show helplessness in this situation; to do so would undermine the rule of law,” Pinheiro stated. He emphasized that the refusal of a defendant to engage with court processes should not stall justice. He noted that criminal proceedings must balance justice for the defendant, the prosecution, and society at large.
Pinheiro further argued that under Section 276 of the Administration of Criminal Justice Act (ACJA), a defendant’s physical presence is not essential for arraignment, and a plea of “not guilty” can be entered without it. He requested the court’s permission to proceed with Bello’s trial in his absence.
In opposition, Bello’s counsel, Michael Adoyi, argued that the prosecution’s request contradicted a court directive requiring the defendant’s presence for any applications to proceed. “This application contravenes a standing order that no applications can be entertained without the defendant’s presence,” Adoyi said.
Responding, Pinheiro insisted that proceeding without Bello would not violate his rights or the fairness of the trial. Justice Nwite, after hearing both sides, indicated that a ruling on the matter might extend into the next year due to scheduling constraints. Pinheiro suggested an adjournment for the ruling and arraignment, which Justice Nwite approved, setting the next court date for January 21, 2025.
