The scheduled arraignment of former Kogi State Governor Yahaya Bello at the Federal High Court in Abuja was stalled on Friday due to the absence of his lead counsel, Abdulwahab Mohammed (SAN).
According to reports, Mohammed was not informed of the hearing date, resulting in his non-appearance.
Bello is facing a 19-count charge of money laundering totaling N84 billion, brought by the Economic and Financial Crimes Commission.
In a separate case at the Federal Capital Territory High Court in Maitama, Abuja, he has already been arraigned on a 16-count charge involving N110.4 billion fraud.
During Friday’s proceedings, Justice Emeka Nwite noted the absence of Bello’s lawyer and sought an explanation. Bello informed the court that he had only learned about the arraignment late Thursday night and could not reach his legal team.
EFCC’s counsel, Kemi Pinheiro, pressed for the arraignment to proceed, arguing that the law only requires the defendant’s presence.
“What the law requires is the presence of the defendant, not the presence of his lawyers,” Pinheiro asserted.
Justice Nwite, however, rejected the request, emphasizing the importance of a fair hearing.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s date. In the interest of fair hearing, I will not proceed for arraignment,” he ruled.
Despite waiting 45 minutes for the defence counsel, the judge ultimately adjourned the case.
At the October 30 session, Pinheiro had urged the court to begin the trial, highlighting the presence of two witnesses ready to testify. He also proposed that a not guilty plea be entered on Bello’s behalf.
Justice Nwite, however, underscored the need for legal representation, stating, “This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.”
He further remarked, “Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel.”
Following the adjournment, Pinheiro requested a new date for motions and possible arraignment and asked that Bello remain in EFCC custody.
Justice Nwite granted the application, ordering that hearing notices be served to Bello’s counsel and directing that Bello remain in custody until the next hearing on December 13.
