The Economic and Financial Crimes Commission (EFCC) has requested an adjournment in its new charge against the former Governor of Kogi State, Yahaya Bello, and two others, until November 14, 2024.
At the resumed hearing, Counsel to the Commission, Rotimi Oyedepo, stated that the court had issued a public summons against Bello, instructing that it be published and that the charge be pasted.
The trial Judge, Justice Maryann Anenih, clarified, saying she had not asked for the charge to be pasted, only the summons.
Oyedepo mentioned he anticipated Bello to be in court on November 14, citing the 30-day duration of the summons, and therefore sought an adjournment until that date for the arraignment of all three defendants.
Joseph Daudu, senior advocate of Nigeria and counsel for the 2nd defendant, opposed this, arguing that the matter was set for arraignment and that they were ready. He emphasized that the defendants were independent individuals and should be treated as such.
“You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.
Counsel for the 3rd defendant concurred with Daudu, and alternatively requested that the court consider his client’s application for bail.
Oyedepo, however, maintained that the bail application could not proceed as the charge was a joint charge, with counts of conspiracy included.
He reiterated his call for an adjournment to November 14 and informed the court of an application concerning the enforcement of the 2nd defendant’s fundamental rights, adding that the oral application could not be entertained.
Daudu insisted that this approach violated the principles of fair hearing.
“His argument is persuasive but does not go by what the law says. That until one individual appears before they can be arraigned. I don’t understand this kind of practice.
“It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.
“They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” he stated.
The 2nd defendant’s counsel also sought a date for the hearing of a fundamental rights application on behalf of his client.
Although the trial judge declined the oral application for bail, she instructed the defendants to submit formal written applications.
Justice MaryAnne Anenih then adjourned the case to the 14th and 20th of November for the 1st defendant’s response to the summons and/or arraignment.
